Q: Can an estate that has filed for probate sue a business for return/refund of items purchased by the deceased?
This question is in regard to hard medical equipment. The items were warrantied and guaranteed and not defective or otherwise misrepresented to the buyer, who is the only one who signed the purchase contract and who is now deceased. The spouse is now trying to pursue the matter in small claims court, though it will likely get thrown out, as the law protects the transaction between the deceased and the small business very clearly and because the spouse has already filed for probate proceedings. The concern is that the small claims judge will advise the spouse that she is pursuing her claim in the wrong court venue or that the judge will dismiss the case as a small claim and that the spouse will be able to pursue the matter within the framework of the probate process under some other complaint definition.
A: What is the basis for the claims by the plaintiff? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: Yes, they can. The executor or administrator can pursue claims which are not barred by the relevant statute of limitations which the decedent possessed at death, regardless of whether the decedent would have done so, to recover monies believed to belong to the estate, and they can pursue those in what ever court would have been proper for the decedent to do so. Because you have not said whether the spouse is in fact the personal representative of the decedent's estate and what her legal theory of liability is, which could be anything, a more definitive answer to your questions cannot be given.
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