Legal Question in Personal Injury in Kansas

Who is responsible of any liabilities on property of a estate of deceased?


Asked on 5/19/10, 7:00 pm

1 Answer from Attorneys

Anthony Smith LawSmith

The estate is generally liable for any tort action that the decedent would have been, before they passed, if the action that causes the liability occurred after the death. If the tortious action or inaction happened prior to death, than the person seeking recompense would have to bring a seperate action for that, or make a claim against the estate, as a creditor of the decedent. If someone has exerted (or been instricted to) over the property of the decedent, then that person could be liable for the tortious action or inaction.

As to a contract claim, such a money loan for example, the estate is subject to a claim by the person alleging the debt owed. The heirs or personal represetnattive are not personally liable, uless they agreed somehow seperate from theri status as heir. However, the person alleging the debt is a potential creditor of the estate, and as such coudl get paid form amounts that might have otherwise gone to heirs or persons getting funds through a Will.

Good luck

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Answered on 5/25/10, 9:35 am


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