Can you sue estate of a "probable" wrongdoer who has damaged your property?

Question

Reading _Darwin Awards 3_ and hit on confirmed case (p. 37) of a man who was killed by falling tree limb. (Per report, had hiked several miles into HI ranch at night, cut branch of valuable koa hardwood tree RIGHT OVER his head, and....Corpse reported found still in tree, 20 feet above ground, and Honolulu Star-Bulletin 18 Feb 2002 is source).

The guy is dead and CANNOT stand trial/defend himself on trespass or property damage charges, but koas DO produce really valuable wood (guitars, I think), and the tree might have been damaged vitally....

Any legal eagles or buffs out there want to venture an opinion, for the heck of it? And why/why not?

Answer 1

Yes. But "probability" is insufficient. The claimant must prove the deceased committed the tort. Moreover the claim must be filed within the time limit for filing estate claims (much shorter than a normal statute of limitations) & the estate must have sufficient assets to pay the claim. Then the claimant can't sue unless the estate denies the claim. If the estate does not deny the claim, it must be paid out of non-exempt property only to the extent there is such property.

Answer 2

You can sue anyone. If your question is proving your case, then my answer is, "not in my state."

Check out HI law and see if death of a tort-feasor abates the claim.

I don't know what is meant by "valuable," but relative to the cost of the suit, damages are probably nil. And, this one would go to a non-sympathetic jury, in all likelihood.

Answer 3

I don't know if I understand what your question is - but you can sue the estate of the dead guy for damaging the tree - assuming, of course, you own the property. You have plenty of proof he did it - BUT - does his estate have any $$$??

Answer 4

You can sue in a civil court.

Answer 5

sure, sue away!
winning is something else entirely