Birmingham, AL asked in Car Accidents and Wrongful Death for Tennessee

Q: In car accident can a dead man’s estate be sued for wrongful death after they say he was at fault for crossing the line

Head on collision, country road with no center line markings. They decided he was at fault for “crossing the center line” but there are no lines on the road. Now the people in the other truck are suing his estate for wrongful death after the insurance already paid them the max amount. The estate is not worth much and it is my only place of residence, no income now and social security retirement in like 3-4 months. What happens if they win the suit and I have to vacate property? How long will I have?

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: Is someone defending against the Suit? If not, default judgment will occur. Who actually filed for Probate? If not the creditor, then it was a large mistake. The real property can be looked upon to satisfy such a claim. But if the Heirs own as Tenants In Common, then it will be more difficult. Tax Sale might be an option.

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