Q: As executor of my fathers estate am I, or his estate, responsible for damages he caused in a car accident when living?
The accident occurred on November 1, 2012. My father died on March 22, 2013. I received a letter dated April 29, 2013 from the insurance company stating that the victim is demanding $160,000, far exceeding my father's coverage. Should I, as executor, be concerned about this? Am I, or his estate, liable for any damages?
A:
See the Creditor page of my website, www.probatenevada.net
Generally, the estate executor can be liable for disbursing estate proceeds in derogation of the rights of a creditor. However, there are mechanisms, discussed at the above section of my website, to allow a quick resolution of claims against the estate. If the executors follows these procedure he or she will not be liable.
Also, keep in mind that personal injury attorneys typically demand more than the case is worth as a bargaining tactic.
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