if someone is trying to sue me in surragate court and i am in a chpt.13 bankruptcy. Whatwill happen

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if someone is trying to sue me in surragate court and i am in a chpt.13 bankruptcy. Whatwill happen

I was given a settlement by the ins. co. foran accident which my son was killed. I wasthe executor of estate, 18 mo later a womancomes and says she has a son and the belongs to my son, she is sueing me for themoney in the estate, the money is now gone.My children were not named in the settlementcan she sue my children.

Asked on July 1, 2009 under Estate Planning, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I think it's relatively easy to claim that a child was fathered by your son, but if he's been dead for over a year and a half it might be very hard to prove.  If you followed all the rules in handling your son's estate, and you're properly in a chapter 13 now, I think the young woman is out of luck.  For exactly how to handle this, you should talk to a lawyer in your area, for reliable advice based on all of the facts of both your son's estate and the bankruptcy, as well as this woman's claim.


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