The death of someone is never pleasant. When someone dies, their estate is passed onto their beneficiaries or heirs. If they don’t leave a will, then the state decides who gets what.
The law says that if you have a claim against them, you can go after their assets.
Some people have questioned whether you can sue a dead person. It may sound like a strange question, yet it is possible. Through suing through the deceased person’s estate.
In this article, we will be discussing in more detail whether you can sue a dead person and how you can go about it.
What Is Wrong With Suing A Dead Person?
You should never sue a dead person. Doing so violates his/her constitutional rights. It also violates the laws of the state where you live.
The Constitution protects the rights of individuals who are alive. These protections prevent government officials from taking away your property or liberty without due process of law.
However, the Constitution does not protect the rights of people who are dead. Therefore, you cannot sue them. When you sue a dead person, you are violating their constitutional rights.
You are also breaking the law by doing so. Therefore, when you want to sue a dead person, instead you sue their estate and assets instead as you cannot sue the person.
Who Can Sue A Dead Person?
Only certain parties can sue a deceased person. These include:
Your heirs (children, parents, etc.)
His/her spouse
His/her estate
His/her personal representative
His/her guardian
His/her executor
His/her administrator
Any other party who has been granted permission to sue him/her
Why Do People Sue Deceased People?
People often sue deceased persons for various reasons. They may want to collect money from the deceased person’s estate.
They may also seek revenge. Sometimes, they just feel like getting back at the deceased person. It can also depend on the circumstances the person was killed, and their family may wish to receive compensation for what they have been through.
Sue A Dead Individual For Damages
In some cases, you can sue a dead individual for damages. This is known as “wrongful death”. Wrongful death happens when someone dies due to another party’s negligence.
For example, if you are driving on the highway and hit a pedestrian, you could be sued by the pedestrian’s family. They would argue that you caused the death of their loved one.
You need to prove that the other party was negligent. Negligence means that they did not do enough to prevent the accident from happening. If you can show that they failed to act properly, then you can sue them for compensation.
However, there are limits to suing a dead person. These are the following:
You cannot sue an individual who has died without leaving a will.
You cannot sue a person who has died before you were born.
You cannot sue a deceased person with no assets.
You cannot sue a dead person whose estate has been settled.
You cannot sue a corporation.
You cannot sue a government entity.
You cannot sue a foreign country.
If you want to sue a dead person, then you should contact your local attorney. He/she can help you determine whether you can sue a deceased person.
Suing a Decedent’s Estate
If you believe that a decedent owes you money, then you can sue his/her estate. An estate is the property left behind by the deceased person. It includes any real estate, personal property, bank accounts, stocks, bonds, and so forth.
The process of suing a deceased person’s estate is similar to suing a living person. However, you must first file a lawsuit against the deceased person’s last will. Afterward, you can sue the estate.
A court will appoint a special administrator to handle the estate. This person will pay all debts and taxes. Then he/she will distribute the remaining assets to the beneficiaries.
Suing a Deceased Person’s Assets
If you think that a person owes you money, then you might consider suing him/her for the amount. There are two ways that you can sue a deceased individual:
By filing suit directly against the deceased person’s assets.
By suing the deceased person’s estate.
If you decide to sue a deceased person’s assets, then you must first find out where those assets are located. You can ask the deceased person’ owner for information. Or, you can check public records such as probate records.
If you choose to sue the deceased person’ estate, then you must file a lawsuit against the estate. You can file a lawsuit against the administrator of the estate.
Once you have filed a lawsuit, you can request a judgment against the estate. The judge will order the administrator to pay you the amount that you are seeking.
What Happens If You Try To Sue A Dead Person Who Left No Will?
In most states, you cannot sue a dead person without leaving a will. However, this rule does not apply in California.
California’s law allows people to sue a deceased person even if he or she had no will. This is because California law gives you the right to bring an action for wrongful death.
To get a judgment against a deceased person, you must file a lawsuit within three years after the person’s death. You must also give notice of the lawsuit to the executor or administrator of the deceased person’s estate.
Conclusion
This article has provided you with basic information about how to sue a deceased person. You cannot actually sue the dead person, as the dead aren’t classed as a legal entity. Therefore, you have to sue in other ways through their estate.
We hope that this article has provided you with enough information to make a decision regarding whether to pursue a claim against a deceased person’s assets.
We hope it has answered any questions that you have and if you still have any questions it’s best to speak to a professional.
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