Huitron v. Kaye, 2022 UT 36 (Utah 2022)
The Utah Supreme Court reversed the lower court, which had denied the defendant’s motion for partial summary judgment. The Supreme Court ruled that since the plaintiff did not file his personal injury lawsuit in time, he was limited to pursuing what money was held by the estate.
Furthermore, despite allegations by the plaintiff that the defendant’s insurance company acted in bad faith, the plaintiff’s claim is limited only to the $25,000 figure.
A man severely injured in a motor vehicle collision sued the deceased, who had come to him for help two years after his death. However, once the man found out that it was a frivolous lawsuit, he was liable for $650,000 worth of medical bills and other damages.
Plaintiff sued defendant claiming $1.5 million, and defendant pleaded multiple defenses including a request for summary judgment of the most that plaintiff could recover. The trial court denied the request, finding that there was an unresolved issue of unfairness which should be decided by jury.
The Nonclaim Statute protects the assets of the estate from untimely claims. So, the plaintiff’s hypothetical bad faith claim against the insurer was legal impossibility.
The plaintiff’s claims of bad faith were not applicable because the lawsuit did not pose a financial burden to the insured. Therefore, there was no assignment of a bad faith claim
Do you need to hire an Experienced Probate Attorney if you’re suing a deceased’s estate?
If you’re filing a personal injury claim against a deceased’s estate, you’ll need to hire an experienced probate attorney. Probate is the process of settling an estate by distributing the property and funds to the heirs according to the will or state law. If you’re not sure if your claim will be successful, it’s important to consult with an experienced attorney. (915) 292-4400.
How long do you have to sue an estate?
There is no one answer to this question because each situation is different. However, most courts will allow you to sue an estate as long as you file your lawsuit within a certain time period after the probate court grants the estate its final decree.
Generally, you have three years from the date of the final decree to sue an estate. This time period begins to run from the date of the final decree, not from the date of the probate. So, if you file your lawsuit more than three years after the final decree is granted, you may have to start from scratch and prove that there was a wrongful act by the estate that caused your injury. Some states limit this to only one year.
There are a few exceptions to this rule. If you are an heir or beneficiary of an estate who did not receive notice of the probate until after it had been granted, or if there was some fraud or mistake involved in granting the probate, you may have more time to sue. You should consult with a lawyer if you think you might have a claim that falls into one of these exceptions.
What does it mean to sue someone’s estate?
Personal injury claims against a probated estate can arise in a few different ways. The most common scenario is where someone who was injured by the deceased during the person’s lifetime sues the estate for damages. This can happen, for example, if the deceased was the driver of the car that hit the plaintiff, or if the deceased was negligently negligent in some other way that caused damages.
Another common scenario is where someone who was not injured by the deceased but who relies on assets belonging to the estate to support their own livelihood sues the estate for breach of contract. This could be, for example, where a beneficiary of an estate fails to pay promised inheritance money or fails to deliver property that was supposed to be transferred to them as part of the will.
Finally, personal injury claims against a probated estate can also arise in cases where people were mistakenly counted as members of the deceased’s family when filing probate paperwork or when they inherited assets from the deceased through probate. If you are one of these people and you are not actually related to or connected to the decedent in any way, then you may have a legal claim against the estate.
How to sue a deceased person’s estate?
If you have been injured as a result of someone else’s negligence, you may be able to file a personal injury claim against the estate of that person. This is true even if the estate has already been probated. The rules governing how to sue an estate are complicated, but there are some basic steps you can take to make sure you have a good chance of success.
First, make sure you have a valid claim. In order to win a personal injury lawsuit against an estate, you must prove that the estate was negligent and caused your injury. This means that the estate cannot simply argue that it was not responsible for the incident that led to your injury. Rather, the estate must show clearly and convincingly that it (or the deceased person) was responsible for your injuries and failed to take proper precautions to prevent them.
Second, gather all of the evidence you have about the incident that led to your injury. This includes anything you can find about the circumstances surrounding your injury, as well as any eyewitnesses or other evidence that supports your claim. You may also need to contact the insurance company of the estate in question and ask for evidence related to your case.
Third, consult with an experienced probate attorney about your legal options to sue a person or estate.