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By: Scott Grossman on February 26th, 2018

When an Estate Can Be A Named Party In a Lawsuit


The Grossman Law Firm, APC · · (951) 523-8307

When most people hear about a lawsuit involving an estate, they automatically think of issues amongst beneficiaries or heirs, often over an inheritance. Unfortunately, however, estates can become involved with litigation for many different reasons. In some cases, an estate can be named a party to a suit. Keep on reading to learn more.

How an Estate can be Named a Party in a Lawsuit:

An estate can be named a party to a lawsuit if any of the following files a claim involving the estate:

  • beneficiary. For example, if a beneficiary thinks that the expenses and costs of administering an estate are unreasonably high, the beneficiary may sue the estate or the executor.
  • Creditors. When a person dies with outstanding debts, those debts are not always automatically extinguished. Creditors may sue the estate for the outstanding amounts owed to them. Similarly, if the executor incurs debts on behalf of the estate during administration, these creditors may also pursue a lawsuit if they remain unpaid.
  • An ongoing case against the decedent at the time that he or she died. When this happens, the estate cannot be completely settled until the ongoing claims have been resolved. Further, the decedent can be sued if his death created a claim for that person. An example would be if the decedent died in a car accident that he caused, which also resulted in injuries or property damage to another person. In this situation, the lawsuit against the decedent is brought against the estate.
  • The estate itself. Estates can bring lawsuits in the same manner as an individual person can. A recent and popular example involves the estate of Michael Jackson. His estate has pursued lawsuits over the selling of his likeness without first obtaining the estate’s permission.

Contact Us Today:

In conclusion, If you are in charge of administering an estate with litigation pending, it is important to seek legal guidance from a knowledgeable legal professional. If you have any further questions regarding how an estate can be named a party,  we encourage you to contact us today at (888) 443-6590 for more information. Or fill out our quick and easy online form today. It would be our pleasure to further assist you.