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Can the executor of an estate file a wrongful death lawsuit on behalf of the estate?
Wiki User
∙ 13y ago
Yes the executor can certainly bring a lawsuit. There is no requirement for there to be heirs to the estate to bring the suit. The estate may have many debts to settle, including medical bills and be able to use the money.
Wiki User
∙ 12y ago
Wiki User
∙ 13y agoYes, they can! In many cases the lawsuit is a large asset of the estate. Part of the responsibilities would be to bring such a case.
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Can an estranged executor accuse an heir of damaging the deceased property?
The executor of an estate is responsible for the assets of the estate. That means they can bring a lawsuit on behalf of the estate. So, yes, they can accuse or even sue an heir for damaging property.
Can a minor sue for wrongful death of a parent?
They are not capable of bringing a lawsuit. However, their guardian can file the law suit on their behalf. And the estate can bring the suit as well.
Can you file a wrongful death suit on behalf of your same-sex spouse?
Depends. In the few states which recognize gay marriage - where you are legally your deceased spouse's next-of-kin - yes. Elsewhere, you would have to be Executor of the deceased's estate to bring a wrongful death claim.
Can an executor sue a ex spouse who owes money to estate after 10 yrs?
It will depend on the documentation and when the debt was incurred. The executor can bring suit on behalf of the estate.
Does the Executor of the estate sign the decedents name and then sign as the executor of the estate?
No. The executor must be appointed by the probate court and signs their own name as the executor of the estate. For example: " John Smith, executor of the estate of John Doe." Be sure to add that designation, especially when signing contracts on behalf of the estate, so you do not unintentionally obligate yourself personally in any transaction you carry on for the estate.
How do I sign as the executor?
If you mean how do you sign estate chacks as the executor, you sign your name as usual, then add "Executor of the estate of..." Like this: " John Smith, executor of the estate of John Doe." Be sure to add that designation especially when signing contracts on behalf of the estate, so you do not unintentionally obligate yourself personally on something.
Can you bring a law suit against an estate?
Yes, you can bring a lawsuit against an estate if there are legal grounds to do so, such as outstanding debts owed by the deceased. The executor or personal representative of the estate would typically handle any legal matters on behalf of the estate. It is advisable to seek legal assistance to navigate the process effectively.
Can a guardian rent out probate estate on your behalf?
Typically the executor does that, not the guardian, but it is possible they are serving as both.
When a person dies do they have to file taxes?
The individual does not file a tax return, but the estate is required to. That is the responsibility of the executor. They file on behalf of the individual and the estate.
Can a claim be submitted for repairs if the homeowner is recently deceased and the home is in probate?
The estate is responsible for the maintenance of the property. The administrator or executor of the estate can submit a claim on behalf of the estate.
Can executor appoint a representative?
Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.Generally, an executor can appoint an "agent" who can act on their behalf. This is done when the executor lives some distance from where the estate is being probated or in another state. You should ask the attorney who is handling the estate. If the executor simply wants to appoint someone else to take over their duties that would not be approved by the court. In that case, the executor should decline and let the court appoint another person as executor.
Can a personal representative on an estate file bankruptcy on behalf of the estate or on behalf of the deceased to avoid paying back taxes?
Estates do not go bankrupt. The assets are inventoried and valued and the debts are listed. The executor proposes a settlement to the court. If it is accepted, the estate is closed.
