My fathers house and land are in probate, if I let someone move into his house and they get hurt can they sue?

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My fathers house and land are in probate, if I let someone move into his house and they get hurt can they sue?

There is no insurance on house or land.

Asked on August 22, 2010 under Personal Injury, Michigan

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The short answer to your question is yes, if someone gets hurt on the premises, then the property owner may exposed to liability for those injuries.  The question of who the property owner actually is will most likely depend on the stage of the probate proceedings.  In other words, if someone gets hurt now, they may be able to sue your father's estate.  What this means, from a practical perspective, is that your inheritance will be exposed to liability -- and potentially diminished -- if this occurs.  I suggest that the executor of the estate confer with an attorney to ensure that the assets are properly protected, either through insurance or otherwise, if you wish to continue to generate income off of the property while it remains in probate.


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