Can You Sue Your Mother’s Estate Itself, or do you Have to Sue the Personal Representative of Your Mother’s Estate?

Is a Palm Beach estate an entity that can be a party to litigation? What happens if you file a lawsuit against a Florida estate itself? If you want to sue your mother’s estate, who do you file the lawsuit against? Probate litigators in Florida know that West Palm Beach estates do not have legal capacity to sue or be sued. A March 8,2017 Second DCA opinion, Spradley v. Spradley, discusses this issue.

Here, Spradley wrongly sues his mother’s estate, itself, rather than the personal representative of his mother’s estate. In it’s analysis, the Second DCA explains that  ” an estate is not an entity that can be a party to litigation. It is the personal representative of the estate, in a representative capacity, that is the proper party.” Furthermore, the opinion states that ” since estates are not natural or artificial persons, and they lack legal capacity to sue or be sued, an action against an estate must be brought against and administrator or executor as the representative of the estate.” The Second DCA acknowledged that Spradley failed to sue the proper party. Furthermore, Spradley should have alleged that his mother’s estate had been opened and a personal representative had been appointed by a probate court. Despite these errors, the appellate court found that the trial court erred in failing to grant Spradley leave to amend the complaint to substitute the proper party. To read the entire case, click here.