Q: My grandmother passed away September 2021. Myself and another relative are both executors over her probate. Her house
was to be sold and split. I verbally agreed to buy the house and started living in the house before probate was closed. On April 8th, the house burned down due to hoverboard board exploding.
My question is can I sue hoverboard if the house wasn't in my name at the time of the fire or does it have to stay in estate probate to legally sue hoverboard?
Scottsboro, Alabama
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A:
The cause of action for Product Liability, Negligence, etc. is arguably personal property of the Estate. But usually the devisees own the real property when the Will is Probated. To prevent an insurance defense lawyer from dismissing the suit for lack of standing, Both Co-Executors and
all Devisees should be listed as Plaintiffs. The Estate should not close until Suit concluded.
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