Tuesday, November 25, 2014

I am the administrator for my brother's estate and I slipped and fell at his cottage. Can I sue his estate?

Question

I am the administrator for my brother's estate and I slipped and fell at his cottage. Can I sue his estate?



Answer

Technically, I do not see why not assuming that the estate was at fault. You probably should

resign as administrator if you choose to pursue a suit.



Answer

You can sue, but you cannot serve as Administrator. An Indiana probate judge would look at this as a clear conflict of interest There are other issues as well. You'd need to get an attorney separate from the attorney handling the estate.



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