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Dead man sued because his flying body parts injured someone else. Frivolous or necessary lawsuit? Options · View
DirtyMartini
Posted: Friday, January 20, 2012 6:31:06 PM

Rank: Purveyor of Poetry & Porn

Joined: 10/19/2009
Posts: 5,833
Location: Right here on Lush Stories..., United States
rxtales wrote:

But how can you sue a dead person? He can't pay anybody.


Exactly...I have a feeling this whole thing will go nowhere and all the arguments here are null...

We're talking about an 18 year-old kid here...even if he actually had a valid will, and declared an heir, how much could he have left behind at his age?

I did a brief Google search out of curiousity...

"You can still file a lawsuit or collect a judgment even if the defendant has died. You will direct your efforts at the deceased person's estate–that is, the property the person left behind. And you must act promptly; if you don't, your claim may be barred by law."

A Deceased Person's Estate
http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter8-10.html

I don't see where legally his parents could be liable for anything...perhaps, if he was still covered under their insurance policy past his 18th birthday...but, somehow I doubt it...


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DirtyMartini
Posted: Friday, January 20, 2012 6:49:34 PM

Rank: Purveyor of Poetry & Porn

Joined: 10/19/2009
Posts: 5,833
Location: Right here on Lush Stories..., United States
Here is a couple more articles from eHow Money...

"If the claimant prevails, the court will grant that assets held in the estate will pay for the claimant's damage claims or judgments."

Can an Estate Be Sued?
http://www.ehow.com/info_8597874_can-estate-sued.html

"Generally, however, the estate executor cannot be held liable for the deceased person's debts."

Can the Executor of an Estate Be Sued for the Deceased's Debts?
http://www.ehow.com/info_8249437_can-estate-sued-deceaseds-debts.html

How this turned into a discussion of how the dead guy's family is somehow going to be responsible went right over my head...

OK, no comment on how easy that might be...Regaeman Man




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kaotik1
Posted: Friday, January 20, 2012 7:20:38 PM

Rank: Advanced Wordsmith

Joined: 10/31/2011
Posts: 81
people are always looking for a way to make a quick buck. lawyers don't mind interpreting the laws to make it fit if the person who hired the lawyer has the money to fight it.

Just let it go.
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