Q: My mother sold her house and has since passed away. The new owners are saying that the septic tank is bad and suing me.

A: If they have any claim at all it is against your mother,not you. If they didn't present their claim in a timely fashion during the probate of your mother's estate, then their claim is expired.

A: Unless you were on title to the property, and thus a seller, or it has been less than one year since your mother's death, the claim is likely barred. California Civil Code 366.2 states:

" If a person against whom an action may be brought on a liability of the person, whether arising in contract, tort, or otherwise, and whether accrued or not accrued, dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply."

That statute essentially bars all claims against a decedent one year from the date of death. There are some exceptions, for example if a creditor's claim is filed in the decedent's estate, or claims from certain government entities.

However, you'll need to take the appropriate action to nip it in the bud. I'd talk to an attorney who does both civil litigation and knows probate law as soon as possible. Otherwise, the plaintiff can take a default judgement against you if you are served with the summons and complaint and do not answer or otherwise respond in a manner allowed by the code of civil procedure in the appropriate time.