filed claim against dead person

[Mamacat104]

What is the name of your state? Texas

My late husband had a storage unit he stored old used lumber when he tore down a house. The people at the storage unit were told to just let it go to the trash, no one wanted the junk (my husband was a pack rat big time).
THey didn't let it go, continued to let the monthly fee climb for 5 months. Then filed a claim with the small claims court suing the deceased man (he was named on the suit).
When they came to the address to serve the dead man, his nephew signed for the papers instead of telling the server that the man was dead and he couldn't sign for it.
Now, can they do anything to ME, if I don't show up in the court for the hearing? They are having a court date for this tomorrow.
I don't want to go, but don't want them coming after me for it.. It was NOT in my name. They were told the man was dead, been dead for almost two years now. Yet they filed the claim against him.
Can I skip the court date and be okay?

 

[BL]

Is your late Husband's name on any documents of assets ?
House,car,Etc.

If they get a Judgment, they may be able to force the sale,or place a Lien on property.

Is your name anywhere on the Storage documents ?

Most likely, If they were told to discard the contents as Junk and they didn't it would seem they'd have to eat the cost.

If not you can-not be found in Default.

Is the Court aware he is deceased ?

If not , if it's not an inconvenience , I would show and inform the Court's deputy ahead of the hearing that your husband, the defendant is deceased.

As the storage Co. may be trying to get Judgment by Default which they will, and go after assets.

Make sure the Judge Knows prior or at the Hearing.

 

[Mamacat104]

thanks, I have to go this morning.
My name isn't on any of the storage documents and the estate is almost bankrupt because of all the lawyer fees, taxes, funeral, etc that had to be paid and I was coerced into signing off a couple of vacant lots I could have sold to satisfy other expenses.
My late husband's name is on his house (which I signed a quitclaim deed over to his brother) and he is not on my house. His name is on two vacant lots that they coerced me into signing over to his sister (who went to a lawyer with false allegations which drained my part of the estate for expenses to fight her).
My car is my name only, he had a car, which is still in his name because we haven't closed out this horrible nightmare of a probate.
This entire thing has been a nightmare and the only one getting rich is the lawyer and courts. I've lost almost the entire estate now. The only part left is a portion of MY 401K from MY work...Part of that has also been drained because of this nightmare.

 

[BL]

I'm in suspence, How did it go ?

 

[stephenk]

i hope you told the court that your hubby was dead at the time of the service of the lawsuit. The court should dismiss the case or allow the other side to name your hubby's estate as the defendant. Then let the estate deal with the claim.