Legal Question in Personal Injury in Maryland

I was named as a defendant in a civil action as was my estate as separate parties. I was removed from the case by the court but not my estate. can the plaintiff serve my estate if I am still alive?

Asked on 4/12/13, 2:29 pm

2 Answers from Attorneys

Cedulie Laumann Arden Law Firm, LLC

No, an estate does not come into being until a person dies, so a lawsuit cannot sue someone's estate while they are living. In contrast a Trust may be involved in litigation while the Settlor is living.

While I hope the above general information helps, it should not replace having an attorney review the specifics of your particular situation.

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Answered on 4/12/13, 9:19 pm

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

A judgment can be collected through an estate. However, an estate does not exist until it opens (which as mentioned, occurs after death.) Is this plaintiff represented by an attorney?

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Answered on 4/13/13, 6:59 am

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