In a personal injury suit, is the executor still liable even though no lawsuit was filed against the estate?
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In a personal injury suit, is the executor still liable even though no lawsuit was filed against the estate?
My brother-in-law was executor of his deceased mother’s estate. Her estate went through probate and her building was sold, debt were paid and the remaining balance went to her heirs as stated in her Will. About 6 months after the estate closed, a lawyer is sending letters to my brother-in-law claiming that he has a client who fell in front of my mother-in-law’s building while she was alive over 2 years ago, and that she knew about it. There was never a lawsuit filed against her according to court records and no lien was put on her building while she was living, or during the 1 year process of probating her Will after her death. The title company paid off any liens before disbursing the remaining money to the
executor. There is no money left from the estate or heirs, and to this day there is no lawsuit filed or pending against her estate. Does this lawyer and their client have a case, despite what I wrote above?
Asked on August 6, 2018 under Estate Planning, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) First, an executor is NEVER personally liable, unless he or she personally did something wrong--then the excutor is liable based on his/her own actions, not his/her position as executor.
2) After the estate is closed, it is too late to sue an estate--there is nothing there to sue (it would be like suing a corporation which did not only go out of business but which was also formally dissovled).
3) The heirs or beneficiares are not responsible or liable for a claim against the estate, and once the estate is closed do not have to repay any moneys they received.
Based on what you write, there does not appear to be a viable claim here.
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