Legal Question in Wills and Trusts in California
Can We Sue Heirs? Please respond.
My husband was nearly killed in a car accident due to know fault of
his own (SEVERE INJURIES), we are coming up on a year on
March 8. The man who was driving, died and then his wife 38
hours later. Due to joint tenancy we are being told that we have no
claim against the estate since it passed from husband (at fault), to
wife, then the heirs. Can we sue the heirs? IS ther anyway to fight
joint tenancy? Any suggestions, loopholes?
This accident has left my husband and I in serious debt with only
$100K insurance money-half goes to mediacal bill liens, part to
attorney and VERY little for us and our nightmare troubles that will
last forever. PLEASE HELP. Thank you
3 Answers from Attorneys
Re: Can We Sue Heirs? Please respond.
the legalities regarding a joint tenancy essentially means that one a person dies, the person whom owned the property in joint tenancy would receive the estate in its entirey, meaning the decedent cannot devise or bequeath the property in which he or she owned an undivided equal interest in prior to death. however, thru survivor statutes, you would still have standing to stake a claim for the personal injuries your husband endured if the decedent is proven to be at fault. thus, your husband would be able to pursue a claim here. if you would like additional assistance in this matter, email us directly today on how you may wish to proceed in this matter.
Re: Can We Sue Heirs? Please respond.
Absolutely but what are you waiting for. Get yourself to attorney immediately. I can go into a long answered here about what you can do since you really need to see someone in person. Get someone who is not only knowledgeable in personal injury litigation but who is knowledgeable in probate matters. You need that dual expertise in this kind of situation. The liability of a person lives on even though they have passed away.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
Re: Can We Sue Heirs? Please respond.
Short Answer: Yes you can sue, but you don't really sue the heirs, you sue the one at fault (by suing his estate), though he has passed away. The heirs could ultimately lose out on their property. GET AN ATTORNEY that understands these things.