Kyle, TX asked in Personal Injury and Probate for Texas

Q: What are the chances of someone winning a emotional distress suit on a deceased persona estate?

My father and his neighbor did not get along. They went back and forth for years. At one point the neighbor claimed my dad yelled that the hells angels would come and kill them. This is funny because he was a Vietnam vet and did not know bikers like that. My father passed a couple months ago and they want to sue his estate for emotional distress. They are in Mt and im in Texas. We dont have a probate in Mt just Tx. Im wondering how likely they could win such a silly thing. He lived in Mt for only a few months every summer and here in Texas in winter. My lawyer does not think much could come of this but it scares me to death. We already have a Texas probate in the works and I dont talk about my personal issues on social media! Thanks for your advice

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2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered

A: Get the estate probated, with an attorney, and if they haven't filed a claim they are out. Worth having an attorney do it.

To answer your question, highly unlikely. There's something called the Dead Mans Statute, so I would not contact them, someone says something to you just give a noncommital "is that so? Well I'll be..." and leave it there. Do not discuss this on social media or.....websites.

Sally A. Roberts agrees with this answer

Sally A. Roberts
Sally A. Roberts
Answered

A: It sounds like the estate is in Texas. You should contact estates/ probate attorney to have the probate properly done. This way you will get notice if a claim is filed. Highly unlkely anything would come of is. Certainly do not say anything about this on social media.

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