Legal Question in Wills and Trusts in California

Legal liability of heirs to an estate
My mother, prior to her death, was in an auto accident in Ca. and injured another person. We don't know much about it. That person has not sued the estate; presumably all injuries were covered by Mom's auto insurance. The executor is holding back money, waiting for a possible (but not anticipated) lawsuit.

1.) What does Calif. law say re: extent to which heirs to an estate would be legally liabile for wrongful injury (auto accident) where mom (now deceased) was at fault?

2.) What's the statute of limitations, and can the party injured in the car accident still sue the estate?

3.) What happens if the beneficiaries have already received their share of the estate and have committed it or spent it, and the injured party decides in a year or so to sue the estate?

Thank you very much.

Asked on 10/02/05, 9:53 pm

Donald Field Donald L. Field, Jr., Attorney at Law

0 users found helpful

0 attorneys agreed

Re: Legal liability of heirs to an estate

it is the estate which is responsible, not anyone else (unless that person was also involved in the accident).

see:

California Probate Code Sections 9100 through 9104 and 11460 through 11467

Answered on 10/10/05, 11:15 am

Keywords

Match Any Match All

Country

State

Area of Law