If a parent dies and is in the process of being sued are the benificaries entiltled to their inheritance?

Question

If a parent dies and is in the process of being sued are the benificaries entiltled to their inheritance?

Answer

It depends the personal representative of the estate needs to ask their legal adviser after they have obtained the details

Answer

Yes and no. First, a personal representative must be appointed for the estate. The personal representative, on behalf of the estate, could then be substituted as a party in the litigation.

No one knows anything about the litigation or what assets there are in the estate. Obviously, if the estate loses or settles, then the plaintiff in the lawsuit must be paid from the estate assets. If there is enough assets in the estate then everyone gets paid and the heirs/beneficiaries get whatever assets remain which are distributed as per the will or intestacy. If there are no assets left the the heirs/beneficiaries get nothing.

Things like small personal items which may have sentimental value but no real value probably can be distributed. Anything of value should stay in the estate to the extent needed to cover any litigation costs or the costs of resolving the case.f

As suggested by Attorney Brown, the personal representative needs to speak not only with the estate attorney but with the lawyer who was representing the deceased prior to death if they are not the same person.