Lawsuit filed by plaintiff after defendant died

[CashCop]

My father passed away recently (Sept 2000) from a heart attack. He died without a will, zero assets and heavily in debt. I have his mail forwarded to my house, and I notify each creditor of his death.

He was involved in a three car accident back in 1998. He was driving the second/middle car. A pedestrian was hit by the third car that caused the pedestrian serious and permanent injuries.

My father was not issued a traffic ticket. Except for the driver of the first car receiving a traffic ticked, there has never been a determination of fault for the accident.

I received a copy of a "Motion for Judgment" filed by the pedestrian against all three vehicle owners/drivers (jointly and severally.) This was filed 12/5/00 in Norfolk, Virginia for $3 million.

Question: Since my father died in September 2000, does the plaintiff have any rights to file suit against him in December 2000? My father is not alive to defend himself.

Question: How do I notify the plaintiff's lawyer about my father's status without subjecting myself to further legal hassels? He has no estate, no will, no assets. The probate clerk in Virginia Beach advised me to send all mail/bills (that are forwarded to me) back to the sender with "return to sender/deceased" written on the original envelope.

Thanks to anyone that is able to answer this question. It has been difficult and expensive to close out a debtor's final affairs.

 

[I AM ALWAYS LIABLE]

My father passed away recently (Sept 2000) from a heart attack. He died without a will, zero assets and heavily in debt. I have his mail forwarded to my house, and I notify each creditor of his death.

He was involved in a three car accident back in 1998. He was driving the second/middle car. A pedestrian was hit by the third car that caused the pedestrian serious and permanent injuries.

My father was not issued a traffic ticket. Except for the driver of the first car receiving a traffic ticked, there has never been a determination of fault for the accident.

I received a copy of a "Motion for Judgment" filed by the pedestrian against all three vehicle owners/drivers (jointly and severally.) This was filed 12/5/00 in Norfolk, Virginia for $3 million.

Question: Since my father died in September 2000, does the plaintiff have any rights to file suit against him in December 2000? My father is not alive to defend himself.

Question: How do I notify the plaintiff's lawyer about my father's status without subjecting myself to further legal hassels? He has no estate, no will, no assets. The probate clerk in Virginia Beach advised me to send all mail/bills (that are forwarded to me) back to the sender with "return to sender/deceased" written on the original envelope.

Thanks to anyone that is able to answer this question. It has been difficult and expensive to close out a debtor's final affairs.

My response:

Did your father have vehicle insurance ?

If he did, let the Plaintiff's attorney know - - with all information about that insurance (name, address, phone number, Policy Number and the Limits of Coverage - if you know). Along with that also, and at the very least, make a copy of your father's Death Certificate and send it to Plaintiff's counsel with a polite note. Also, politely tell him that you have no plans for starting a Probate of your father's Estate with the Court.

IAAL