I purchased my house from my mother-in-law in October of 2020. In February of 2022, my mother-in-law's care was being driven by her son who was involved in a bad accident. As a result of the accident, another person was severely injured. The insurance, and the car, were in my mother-in-law's name. My mother-in-law passed away in July of 2021. A few days ago we received a summons that they were suing my mother-in-law for personal injury. My question is, "Is my house in any risk?".
1 Answer from Attorneys
1- Based on the facts you state no. If the property was not titled in your mother-in-law's name as of the accident date, even if a judgment is eventually entered against her estate, the estate has no interest in the property & it is not subject to a judgment lien. 2- Since your mother-in-law died before the accident date she cannot be liable. 3- If the lawsuit actually names your mother-in-law as a defendant that part of the lawsuit is what we call a nullity & void since a dead person cannot be sued. An estate would have to raised for her & the executor would need to be named as the defendant. In any case, the lawsuit (Summons) should be turned over to her auto insurance company for further handling.