Legal Question in Wills and Trusts in New York

Litigation against deceased
I'm the executor of an estate in which the deceased is part of a ''Tort'' (Personal injury suit). The deceased is being sued, not the estate as the deceased was alive when the complaint was initiated.

The plaintiff claims he worked for the deceased and got injured while working on a job in a resturaunt. The resturaunt is the primary defendant in the case. The deceased apparently had reistered a business name but never finished through with it and I don't beleive legally on paper the plaintif can prove he worked for the deceased.

Question, can the assetts of the estate be liquidated as their is currently no judgement against the estate?

Asked on 5/21/04, 2:41 pm

Carol Lawson Carol A. Lawson, PA

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Re: Litigation against deceased

I do not handle this type of litigation.

Answered on 5/24/04, 10:49 am

David Slater David P. Slater, Esq.

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Re: Litigation against deceased

1. Death of a party stays the action until the deceased's estate is added as the party. Advise his attorney.

2. yes

Answered on 5/21/04, 3:07 pm

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