Can I sue someone who is dead?
Jan Meriss Alfonso Assistant at Ascent Law LLC Can I sue someone who is dead? The answer to that question is no, you cannot sue someone who is dead. You can sue their estate, but it won't be as easy as suing them directly. The reason for this is that in order to sue someone, you need a contract with them (or a court summons). If you don't have either of those, then you can't sue them. A Person’s estate A person's estate is a legal entity that takes over their property when they pass away. This means that if you want to get any money from their estate, you'll have to go through the court. It also means that if the person didn't have any property or money at the time of their death, there's nothing for the estate to control and they, therefore, don't have anything to give to anyone after they die. The exception here is if a will has been drawn up and executed, which leaves property to a specific person or group of people after death. Going after the esta...