The answer to your question is yes, Wanda. The executor is being sued in his representative capacity. If you know the title holder is dead, you need to search the probate files which would disclose the executor's identity. If you know that there is a foreclosure pending, you need to search the land records under the title holder's name, his estate and the executor's name.

In Connecticut his representative capacity would be designated by identifying him as the "Executor" in the case caption and body of the complaint filed with the court. His personal assets are not at risk.

It is similar to a conservatorship when one is appointed as conservator for the assets and/or person of someone judged to be incompetent.

 

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