Legal Question in Wills and Trusts in New York
Suing the Estate
My sister is claiming intentional injury my father caused her 3 days prior to his death in January. Now the Estate and myself and brother as co-exucutors are being sued. The homeowners insurance has already denied her claim once since she was a co-owner by deed. At the time of my Dad's death, he had life tenancy and all of us kids were co-owners by deed. Beside the fact this did not happen intentionally Is there anyway my brother and I will be held personally liable? I don't believe we would be for any actions by Dad did or did not do while he was alive,but thought I had better ask. She also was not named in the will as a beneficiary by my father and is not entitled to any proceeds from the Estate
1 Answer from Attorneys
Re: Suing the Estate
Any claim that your sister may assert for damages she claims for injuries which may have been caused by your father will be asserted against the estate, and only the estate will be responsible for payment, if any. Even if a court awards her a recovery in excess of the value of the assets in your father�s estate, you will not have to pay any amount out of your pocket.