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Question: Wills, Trusts, Probate - California

Asked on 11/4/2009
Does an heir who has taken title to real property after a probate have standing to sue a tortfeasor who damaged that property during probate?

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Answers (1):

J.M.A., Member in Good Standing of the Connecticut Bar


I am a lawyer in CT and practice in this area of the law.  Standing is established by showing that the person filign suit has a legal interest in or has suffered an actual injury as a result of the coduct of another or the subject matter of the dispute.  the heir may file a claim against the tortfeasor on the basis that the person damages property to which he is the owner.  the right of the prior owner of the property passes to the new owner.  i suggest that the heir obtain a lawyer to file a claim against the tortfeasor.



  • Answered on 11/7/2009
  • Rating: (1 review)
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