if someone is trying to sue me in surragate court and i am in a chpt.13 bankruptcy. Whatwill happen
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
if someone is trying to sue me in surragate court and i am in a chpt.13 bankruptcy. Whatwill happen
I was given a settlement by the ins. co. foran accident which my son was killed. I wasthe executor of estate, 18 mo later a womancomes and says she has a son and the belongs to my son, she is sueing me for themoney in the estate, the money is now gone.My children were not named in the settlementcan she sue my children.
Asked on July 1, 2009 under Estate Planning, New York
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I think it's relatively easy to claim that a child was fathered by your son, but if he's been dead for over a year and a half it might be very hard to prove. If you followed all the rules in handling your son's estate, and you're properly in a chapter 13 now, I think the young woman is out of luck. For exactly how to handle this, you should talk to a lawyer in your area, for reliable advice based on all of the facts of both your son's estate and the bankruptcy, as well as this woman's claim.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.