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The following should not be construed in any way as legal advice. Consult a lawyer before proceeding on this information.
Fraud is a tort. If the administrator or executor of the dead person's estate is served with the lawsuit before the expiration of your state's statute of limitations for torts, you can proceed with the lawsuit against the estate as if it were against the dead guy. If you win, you can claim a judgment against the estate.
Some definitions:
Estate - When someone dies with a will, the will will appoint an "executor" to legally represent the interests, or estate, of the dead person. Those interests include assets and debts. If there is no will, but there are interested persons, either heirs or creditors, the estate will go to "probate" and a probate judge will name an "administrator" with the same job as an executor. If there's no will and no one claims anything against the dead guy, then no estate is created.
Statute of limitations - The amount of time set by law that a person has to sue somebody, from the date of the bad act. In this case, the day you were defrauded.
Served - For a lawsuit to commence, the defendants must be served. Different states have different rules for who may serve a lawsuit, but it's usually called a sheriff or marshal. The statute of limitations counts backwards from the date the defendant is served. Here, you would have to serve the executor or administrator. If there's no estate, there's no one to serve so you can't sue. However, in some states, the statute of limitations is suspended between the day of death and the day an executor/administrator is appointed.
Judgment - An order to pay money. The money would come from the estate.
Wiki User
∙ 15y ago
Wiki User
∙ 13y agoNo, but you can file one against the deceased person's estate.
Wiki User
∙ 12y agoyou are suingon behalf of the estate or individual representing the deceased. done all the time.
whats the principal stuff before this? dan
Wiki User
∙ 15y agoYou can sue their estate if you have grounds and you do it soon enough.
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Should the deceased be included in a law suit?
Generally, you can't sue a dead person. You would have to sue their estate.
Can you sue a dead mans estate?
Yes, you can sue a deceased person's estate through a legal process known as probate. In such cases, the executor of the deceased's estate would handle any legal claims against the estate. It is important to consult with a lawyer to understand the specific procedures and requirements for pursuing a legal claim against a deceased person's estate.
Can you sue a dead person's spouse for crime?
No, you cannot sue their spouse. You may be able to sue the estate, particularly if the estate was enriched by the crime. Cases of embezzlement come to mind as a possibility.
Can a deceased person be sued for injuries suffered in a car crash he caused and if no estate has been opened?
You cannot sue a dead person but you can file a claim against the deceased individual's estate. If no estate has been opened, you can petition the court to open an estate.
Can you sue an attorney for forging documents?
A person can sue a forger if the person suffered damages as a result of the forgery.
Can you sue a dead person?
An association may have a cause of action against an estate. However, the claim must be filed in a timely fashion. The time period for filing creditor's claims is generally no longer than twelve months and shorter in some jurisdictions.
We have a small claims judgment against a person and that person dies how do we collect?
YOU SUE THE ESTATE
Who would sue you if you plagiarizer a dead persons work?
The beneficiaries of the dead person.
How do you sue the estate of a deceased person?
To sue the estate of a deceased person, you typically need to file a claim in probate court against the estate. The court will appoint an executor or administrator to handle the estate's affairs, including the lawsuit. Make sure to follow the legal procedures and deadlines set by the court.
How do you sue an estate of a deceased person with no will?
To sue the estate of a deceased person with no will, you would typically need to file a claim in the probate court where the person lived. The court will appoint an executor or administrator to handle the estate and the lawsuit. It's advisable to consult with a probate attorney to guide you through the process.
Can you sue a person who sold you a car with a bad transmission?
yes you can if they told you it was okay because that's fraud
Can you sue heirs of estate if the estate owns a rental property and a renter gets hurt.?
No, you sue the owner, which is the estate.
