Legal Question in Personal Injury in Maryland
I was named as a defendant in a civil action as was my estate as separate parties. I was removed from the case by the court but not my estate. can the plaintiff serve my estate if I am still alive?
Asked on 4/12/13, 2:29 pm
2 Answers from Attorneys
Cedulie Laumann
Arden Law Firm, LLC
No, an estate does not come into being until a person dies, so a lawsuit cannot sue someone's estate while they are living. In contrast a Trust may be involved in litigation while the Settlor is living.
While I hope the above general information helps, it should not replace having an attorney review the specifics of your particular situation.
Answered on 4/12/13, 9:19 pm
G. Joseph Holthaus III
Law Offices of G. Joseph Holthaus
A judgment can be collected through an estate. However, an estate does not exist until it opens (which as mentioned, occurs after death.) Is this plaintiff represented by an attorney?
Answered on 4/13/13, 6:59 am
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
