Filing a Lawsuit Against an Abuser’s Estate | Edwards Henderson

Are you a survivor of sexual abuse at the hands of someone who has passed away? Filing a lawsuit against an abuser’s estate may not be the first thing on your mind, but it could be a crucial step in your healing journey. 

At Edwards Henderson, we understand the complex and sensitive nature of sexual abuse lawsuits. Our team of experienced sexual abuse attorneys is here to support and guide you through the process of seeking justice from a sexual abuser who has passed away. We believe that survivors deserve legal support and closure, and are committed to fighting for your rights and holding deceased abusers accountable for their actions.

What is Sexual Abuse?

Psychology Today characterizes sexual abuse as a form of misconduct that encompasses a broad spectrum of unwanted sexual activities. It can range from inappropriate touching or groping to forced sexual acts, such as oral sex or rape. This form of abuse can occur between acquaintances, friends, family members, colleagues, or even intimate partners. 

In many instances, the perpetrator uses force, threat, or manipulation to assert control over the survivor, leaving them feeling powerless, obligated, or otherwise violated. Sexual abuse is not the survivor’s fault; it is the perpetrator who makes a conscious choice to violate another person’s sexual rights and boundaries. 

What is Child Sexual Abuse?

Child sexual abuse (CSA) is a deeply traumatic form of abuse where an adult or an adolescent exploits a child for sexual gratification, according to the National Child Traumatic Stress Network. CSA can take several forms, including, but not limited to, inappropriate touching, fondling, exhibitionism, child pornography, and incest. These acts are often perpetrated by someone the child knows and trusts, making the abuse all the more damaging. CSA is a significant violation of a child’s bodily autonomy and right to emotional safety. It may also cause a large number of physical symptoms, including unwanted diseases and/or pregnancy, pain in different parts of the body, and more. 

Unfortunately, many adult and child survivors of CSA do not report the crimes committed against them due to a variety of reasons. Many survivors do not speak out due to feelings of shame, guilt, fear, or confusion. They may also fear retribution from the abuser or be afraid of not being believed by others. Some survivors may not fully comprehend what happened to them until much later in life, while others may suppress traumatic memories to cope with the aftermath of the abuse. 

Despite these barriers, it is important to report child sex abuse. Not only does it bring perpetrators to justice, but it also prevents further victimization, and enables survivors to access support and therapeutic resources. 

Can I Sue the Person Who Sexually Abused Me?

Yes, you can file a lawsuit against a person who sexually abused you. Sexual abuse is not just a crime; it is also a civil wrong. In the realm of civil law, sexual assault torts enable survivors to file lawsuits against their abusers to get compensation for the harm suffered. This process can operate independently of criminal proceedings. Unlike a criminal lawsuit that is between the state and the defendant, a civil lawsuit is between the survivor-plaintiff and the perpetrator-defendant. 

Crucially, civil claims against a person may survive their death. This form of action allows you to hold your abuser accountable posthumously, offering an opportunity for closure and financial compensation. 

Can I Sue a Sexual Abuser’s Estate? 

Yes, it is possible to file a lawsuit against a sexual abuser’s estate. When a person passes away, their assets are gathered into what is known as an “estate,” and includes property, investments, cash, and more. The estate is managed by a designated executor, who ensures the deceased’s obligations, such as debts and judgment debts, are paid off to the respective creditors. 

In case the person who sexually abused you has passed, you may file a sexual abuse lawsuit against their estate in certain circumstances. If the lawsuit is successful, then you may be awarded compensation from estate assets.

Jeffrey Epstein Estate

The estate of Jeffrey Epstein was valued at an estimated $600 million at the time of his suicide during an ongoing sexual abuse case. Edwards Henderson sexual abuse attorney Brad Edwards was instrumental in Epstein survivors’ fight for justice against the estate. Edwards, with the help of Brittany Henderson, engaged in a decade-long legal battle, representing several survivors of Epstein’s and Ghislaine Maxwell’s heinous abuse. This case highlights our firm’s commitment to securing justice for survivors, irrespective of the abuser’s status or wealth. 

Epstein Victims’ Compensation Fund

The Epstein Victims’ Compensation Fund (VCF) was established in response to the extensive allegations of sexual abuse against Epstein. This fund enabled survivors to file claims for compensation from Epstein’s substantial estate. At the time of closing, the VCF had awarded over $121 million to 135 sexual abuse and sex trafficking survivors. 

Michael Jackson Estate

In 2009, following Michael Jackson’s death, two adult CSA survivors, Wade Robson and James Safechuck, accused Jackson of child sexual abuse. Despite Jackson’s passing, California state opened the window for them to file lawsuits against Jackson’s estate. 

The state of California recognizes that many adult survivors of child sexual abuse are only able to file a lawsuit against their perpetrator years after the abuse. It offers a “lookback window” for lapsed claims, allowing survivors who might be restricted by the statute of limitations to file lawsuits later in their lives. Robson and Safechuck sought justice using this provision. They alleged that Jackson had sexually abused them as children during their time at his Neverland Ranch. Their legal battle underscores the significance of providing survivors with an avenue to pursue justice against an abuser’s estate.

Virgil Maxey “VM” Wheeler III Estate

Virgil Maxey “VM” Wheeler III, a former deacon from Metairie, Louisiana, was accused of raping a 12-year-old boy, with the alleged abuse involving taking showers with the minor and performing oral sex on him in 2001-2002. In 2021, when Wheeler was arrested and sentenced to probation based on charges of indecent behavior with a juvenile, survivor Mac McCall filed a lawsuit against him. 

Following Wheeler’s death, his estate prepared to distribute large sums of money to various institutions. However, the intended recipients, including notable institutions such as Ochsner and Tulane, declined the funds to allow the survivor to receive the settlement money.

Anthony Edward Rodrigue Estate

Father Anthony Edward Rodrigue, who over his 29-year career was assigned to 10 parishes across San Diego, Imperial, San Bernardino, and Riverside counties, was accused of molestation by more than 150 boys during his tenure. Instead of punishing Rodrigue or seeking justice for the survivors, church officials would simply move him from one parish to another, enabling his predatory behavior. Rodrigue pleaded guilty in 1998 to molesting an 11-year-old developmentally disabled boy, leading to a 10-year prison sentence. 

In response to this gross negligence, four men filed a lawsuit against the San Diego diocese for enabling Rodrigue’s heinous behavior and failing to protect them. This case forms part of the larger Catholic Church sex abuse scandal, further highlighting the church’s systematic failure to protect vulnerable individuals from predatory priests like Rodrigue.

Ahmet Ertegun Estate

Ahmet Ertegun, the co-founder of Atlantic Records, is posthumously under the legal spotlight over allegations of sexual assault and harassment. The lawsuit was instigated by Jan Roeg, alleging that Ertegun sexually harassed and assaulted her on numerous occasions during her tenure at Atlantic Records. Ertegun passed away in 2006, after which the label and Ertegun’s estate were named defendants in the lawsuit.

Who Can Make a Claim Against an Estate?

A person who was sexually abused by the deceased has the right to file a claim against their estate. This may include:

• Survivors of childhood sexual abuse: If the abuser exploited the claimant as a child, the survivor can file a lawsuit, like the cases involving the estates of Michael Jackson and Anthony Edward Rodrigue.
• Survivors of adult sexual assault: If the abuse occurred when the claimant was an adult, as in the case against Ahmet Ertegun’s estate, they have the right to sue the deceased perpetrator’s estate.
• Survivors of clergy sexual abuse: If the abuser was a religious figure, such as a priest or a minister, the survivor can file a lawsuit against the abuser’s estate. The church or religious institution may also be sued if it failed to prevent, stop, or report the abuse.
• Groups of survivors: In cases where the abuser assaulted multiple people, as in the Jeffrey Epstein case, all can file claims against the estate.

How Long Do You Have To Sue an Estate?

The time you have to sue an estate, known as the statute of limitations, varies depending on the jurisdiction and the specific circumstances of the case. It is crucial to act promptly, as you may not be able to make a claim against an estate if it is already been wound up or the assets distributed. In some cases, for example, if the deceased passed away many years ago, it may not be possible to file a lawsuit.

Do I Need a Sexual Abuse Lawyer?

For most sexual abuse cases, the answer is a resounding yes. Sexual abuse lawsuits, particularly those against a deceased defendant’s estate, can be complex and challenging to navigate. It is not just about filing a claim; it is about proving the abuse occurred, often years after the fact, which can be extremely difficult. This is where a sexual abuse lawyer can make a significant difference. 

Sexual abuse lawyers have specialized knowledge and experience dealing with such sensitive cases. They understand the nuances of these lawsuits, having provided legal support to survivors in similar situations. They know which evidence is relevant to your case and how to obtain it. An experienced lawyer will also have developed the necessary skills to present your case in front of a jury and negotiate settlement offers, where possible.

Since sexual abuse cases against estates are often time-sensitive, an experienced lawyer will be able to quickly identify the status of the abuser’s estate and assemble all the necessary paperwork. This swift action ensures the lawsuit is filed within the requisite timeframe, which is crucial for the case to proceed.

Compensation for Sexual Abuse

The compensation obtained from a lawsuit against an abuser’s estate can help cover the following:

• Medical expenses related to the abuse, including therapy and counseling costs
• Lost wages, where the abuse has impacted your ability to work
• Pain and suffering
• Costs for future therapy or treatment

Filing a Lawsuit Against an Abuser’s Estate: FAQs

1. Can I report abuse that happened years ago? 

Yes, it is possible to report sexual abuse that occurred years ago. Many survivors take time to come to terms with the trauma before they feel they are ready to disclose it. Sometimes, CSA survivors repress traumatic memories that they discover only later during adulthood. Laws are increasingly recognizing this, with several jurisdictions extending or eliminating the statute of limitations for sexual abuse cases. Reporting can bring the abuser to justice, prevent them from harming others, and importantly, aid in your healing process.

2. I was abused by a priest years ago. Can I file a lawsuit against a deceased priest’s estate? 

Yes, if you were sexually abused by a priest who has since passed away, you can file a priest sexual abuse lawsuit against their estate. You may also consider suing the religious institution for neglecting its duty to protect you. This is a complex area of law, so reaching out to a legal professional with experience in clergy sexual abuse cases is an important step toward securing justice.

3. Can I sue an institution for sexual abuse after the abuser’s death? 

Yes, in many instances, you may have a valid claim against the institution that allowed the abuse to occur or did not report sexual abuse, thereby perpetrating the act. Institutions such as churches, schools, or organizations have been held responsible for negligence for reasons such as hiring abusive persons without proper screening, failing to provide security within the building, or covering up the act after discovering sexual abuse. In such cases, both the abuser’s estate and the third-party institution may be liable for compensating the survivor.

4. Can I sue someone for molestation? 

Yes, you have the right to sue the individual responsible for molesting you. This is a serious form of sexual violence that can have lasting consequences. Consult with a seasoned sexual abuse attorney who can guide you through the legal process and help ensure your rights are protected.

5. Who inherited Jeffrey Epstein’s estate? 

Jeffrey Epstein’s estate, valued at roughly $600 million, was largely dedicated to settling claims against him following his death. A significant portion, $120 million, was allocated to the VCF to provide compensation to his survivors. The distribution of the remaining assets is subject to ongoing legal processes.

6. What happened to Michael Jackson’s estate? 

Following Michael Jackson’s death in 2009, his estate, valued at nearly half a billion dollars, was left to his mother, Katherine, his children, and various charities. The estate has faced legal battles due to allegations of child sexual abuse. However, it continues to receive an estimated revenue of around $400 million from music sales, licenses, and more.

Looking to Sue Your Sexual Abuser’s Estate? Contact Us Today

If you’re contemplating legal action against your abuser’s estate, reach out to Edwards Henderson today. Our team of dedicated and compassionate sexual abuse lawyers will guide you through this complex process, fighting relentlessly for your rights and justice. 

Contact us to begin the process of reclaiming your life and seeking the closure you so deserve.