The answer to this question depends upon who may be filing the lawsuit. If the suit is brought in the name of the heirs, it may be possible to avoid an estate administration. However, the opening of the estate is a step that is frequently taken to simply disbursement of the insurance proceeds.
This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.
Answered on Jun 14th, 2012 at 10:45 AM