Legal Question in Wills and Trusts in Texas
Sue an Abuser???
My daughter was sexually abused by a neighbor over the course of five years. After admitting the abuse, arrest, and subsequent suicide, his family is disposing of his assets. My question is, can I sue his estate to obtain some sort of compensation for my daughter. We live in Texas. I think he should at least pay for her future education. I have no problem with whatever funds awarded being put in a trust. Please just tell me if I can bring some sort of suit against his estate. Thanks....
4 Answers from Attorneys
Re: Sue an Abuser???
This isn't a probate questions. You need to ask this of a personal injury lawyer. Best of luck.
Re: Sue an Abuser???
One can sue, win, but can one collect. His homeowner's insurance may be responsible to pay...how old was he, how old your daughter..we handle all sorts of insurance claims..and could determine if the insurance will pay..but as to a claim against the estate..there would normally not be much success as the assets were probably community property...call us if you want our help
Re: Sue an Abuser???
Assuming there isn't a general statute of limitations problem, it is possible to sue the personal representative of an estate for personal injury (which is what this would be.) The answer therefore depends on several factors. When did the abuse last occur? Was your child a minor at the time? If so, when did your child turn 18? Also, when did the death occur? When was the estate administrated?
Re: Sue an Abuser???
Is the case in probate court? Is there an administrator? Did you pursue a claim for personal injury when the perpetrator was alive? How old was the child? How old is the child? This are some of the questions that we would have for you.
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