Legal Question in Business Law in California

what happens to a lawsuit if the person is dead


Asked on 11/20/23, 5:09 pm

2 Answers from Attorneys

Richard Bryan Richard Bryan Attorney PC

Usually the estate takes over the lawsuit.

Good luck.

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Answered on 11/21/23, 8:48 am

It depends on whether the person who died is a plaintiff or defendant. If plaintiff, the administrator of the estate or executor of the will petitions to be substituted into the case as plaintiff. If the deceased was a defendant it's more complicated, and more complicated still if there was insurance coverage for the plaintiff's claim. There are a number of options for how the estate and the plaintiff can proceed.

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Answered on 11/21/23, 5:08 pm


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