Grossman Law Firm Blog

The right way to sue a probate estate

It looks like one of Michael Jackson's former lawyers is suing his probate estate for $3 million.  It will interesting to find out if this attorney actually knows how to sue a probate estate.  Unlike a living person who can be sued quite easily, a claim must be filed with a probate estate before it is sued if the basis for the claim is the decedent (i.e. the person who died) owes a debt to the person suing.  This isn't true if the claim is the estate itself owes a debt (e.g. the executor breached a contract.)

Probate estates have been known to stop creditors cold.  If the creditor just plunges in by filing suit, that creditor will skip the necessary step of filing a claim with the probate estate.  If the claim isn't filed then the executor of the probate estate has a perfect defense.

If the executor knows the creditor (or potential creditor) exists then the executor should send that creditor a notice that informs them of the time they have to file a claim.  I have done this in a number of cases where the creditor didn't file a claim in time.  (I guess some people don't think the rules apply to them.)  When they finally filed they were astounded to find their claim was denied.  Some didn't file a claim and were surprised to find the probate had been closed. 

The Grossman Law Firm, A.P.C. are Riverside, California probate lawyers.  We help probate estates in Riverside County, California.  We appear in the Riverside probate court for cases in the area bounded by Temecula, Corona, and Banning, California.  We appear in the Palm Springs/Indio probate court for cases from Palm Springs, Palm Desert, Rancho Mirage, Desert Hot Springs, Cathedral City, Indian Wells, and Indio, California.  If you  would like more information on probate and trust administration then order our free book The Insider's Guide to California Probate and Trust Administration as well as our free DVD Probate a Will or Administer a Trust After the Death of a Loved One.