Legal Question in Real Estate Law in Pennsylvania
Lawsuit too late?
My mother passed away in Feb 2006. We filed her will (May 06) and it was probated and approved within a few months (July 06) so I, as executrix, began dispatching the funds to the heirs (OK per the attorney). 14 months later I closed the account and haven't heard anything about it or her-Thank God-for months- I was ready for a nervous breakdown. Executor is a hellish job. Last Thursday Oct. 18, 07) I was served: The estate is being sued through me because the home alledgedly ''has sustained and continues to sustain severe flooding and damage. Where have these people been for almost two years? Why didn't they try to work this out in the year mother was alive after they took residense. How could they have let a problem like this go and keep getting worse and worse? I can state that we had extraordinary amounts of rainfall that year, 2005 and last year, 2006. All of the value in the estate is long gone. Do these people have an ice cube's chance of winning this?
1 Answer from Attorneys
Re: Lawsuit too late?
In Pennsylvania the time limit to file suit is 2 years for things like torts and negligence. If the claim is based on a contract the time limit is 4 years.
Within that time limit they don't actually have to file an actual complaint. They could file a Praecipe for a Writ of summons. This stops the clock while they figure out what to sue you for.
They are suing the estate which is now closed and has no assets or money hardly worth the effort unless they can convince the the court that the heirs are on the hook. That is possible. How likely it is I can't say with out a lot more background.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
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