The estate of Fast & Furious actor Paul Walker, who died in a car crash, is now involved in probate litigation with the estate of the driver of the car in which actor Paul Walker perished.
Actor Paul Walker’s Executor Files Claim $1.8 Million
- According to media reports: “The father of late actor Paul Walker has filed a claim over exotic cars against the estate of Roger Rodas, the driver who was also killed in the fiery car crash in 2013.”
- What it sounds like, and as any Probate Litigation law firm West Palm Beach knows is that Paul Walker’s executor, his estate executor, is now a creditor to the other estate, the estate of the driver.
Can one executor file a claim against another executor?
- Yes, if there is a cause of action or a claim, for money or property, which is owed to a deceased person, that deceased person’s estate can make a claim.
- That claim is brought by, or filed by, the executor of the person who passed away: in this case, the executor of actor Paul Walker’s estate, his father, is making the claim.
- Because actor Paul Walker’s estate is making a claim against a person, the driver, who is also deceased, the claim must be brought against the executor of the driver’s estate
- Remember: if you need to file a claim or make a claim against someone who is deceased and there is no executor, you need to go to probate court and get one. This may mean that you, the creditor, have to “open probate” or create or file an estate administration matter with the local probate court
What Does it Mean to Be a Creditor of an Estate?
- Creditors get paid first (sort of)…… along with the probate lawyers and expenses of estate administration (the costs for the probate administration)
- Creditors get paid before the family gets an inheritance
- Creditors get paid before any beneficiary sees a dime of an inheritance from the estate
- The estate you are suing can challenge your claim
- Many probate courts have very, very short time periods to make a claim
- So file your claim early
- Make your estate claim as soon as you can: don’t delay.
- In Florida, for example, you cannot make a claim against a Florida estate if more than 2 years have gone by after death
- In Florida, for example, you cannot file an estate claim after more than 3 months if you have received actual, or in some case, newspaper notice
- If the estate objects to you filing a claim, you may have to have a hearing in the probate court, or you may have to file an independent lawsuit, often called an independent action
- But be careful: if you are outside the time period to make a claim, you may need to file a motion with the probate court to ask permission to file a claim, or file a late claim. Don’t necessarily, just file a statement of claim. This area of the law is actually confusing and changing at the same time. In Florida, for example, the rules for filing a late claim are different in the appellate districts and the Florida Supreme Court may rule on this in 2015. This is a hot topic for Palm Beach probate lawyers.
If you want to read more from CBS in Los Angeles, here is there latest online link to this estate lawsuit story about actor Paul Walker and Walker’s father, as executor of the estate, filing a creditor’s claim: http://losangeles.cbslocal.com/2014/12/30/paul-walkers-father-files-claim-against-roger-rodas-estate-over-exotic-cars/