I was named as a defendant in a civil action as was my estate as separate parties. I was removed from the case by the court but not my estat...

Question

I was named as a defendant in a civil action as was my estate as separate parties. I was removed from the case by the court but not my estate. can the plaintiff serve my estate if I am still alive?

Answer

No, an estate does not come into being until a person dies, so a lawsuit cannot sue someone's estate while they are living. In contrast a Trust may be involved in litigation while the Settlor is living.

While I hope the above general information helps, it should not replace having an attorney review the specifics of your particular situation.

Answer

A judgment can be collected through an estate. However, an estate does not exist until it opens (which as mentioned, occurs after death.) Is this plaintiff represented by an attorney?