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I received a letter in the mail from out county probate court and i need help understanding it.

Holly Springs, GA |

My father was in an accident with another car a little over a year ago. My father passed two months ago and my mother and i got this letter. The man my father was in the accident with issued it. Is he trying to obtain ownership of my house,

Attorney Answers 4


  1. Without reviewing the letter, there is no way to provide a specific answer. However, generally these types of letters are focused on the personal injuries of the man who was in the accident with your father. From the facts you provide, it seems that the man from the accident (probably the plaintiff) was planning on suing your father for injuries he alleges he sustained in the accident. However, since your father passed away before he was sued personally, the plaintiff has to sue his estate. If the estate was not already opened in probate court, a plaintiff will go ahead and open a probate case.

    Again, this is general information based upon the limited facts you are providing and without reviewing the actual letter. It would be beneficial for a local attorney to review the letter. Further, go ahead and send a copy of the letter to your father's auto insurance company. If your dad's estate is being sued, the auto insurance company should provide a defense attorney. As for your father's estate being probated, you should seek a qualified probate attorney in your area.

    If this answer is helpful or you feel it is the best answer, please click that option. This response is for general informational purposes only and not for the purpose of providing legal advice. The writer is only licensed to practice law in TN. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the answers by the named attorney do not create an attorney-client relationship between said attorney and the user or browser.


  2. Presumably the person plans to sue his estate. The good news - his car insurer will defend him and likely pay claims, so get them a copy Monday morning. Also share it with the lawyer who is handling the probate (and if there isn't one, hire one).

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  3. I agree with Mr. Dupler. Any time that your home is potentially at stake, you need to take the situation seriously, and that means consulting with an attorney. You do not mention is your father had insurance. You also do not state how you came into possession (and ownership) of your house. Please see an attorney so your mind can be put at ease.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  4. Consult with a Probate attorney.

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