Legal Question in Family Law in California

Case jurisdiction after death

My father was involved in a legal separation case with a judges ruling that his wife owns him money. He then died shortly after the ruling. Is the ruling still enforceable and does the family court still have jurisdiction on this case? The wife�s lawyer says that the family court no longer has jurisdiction and we cannot collect on anything in the ruling without going to probate. How can we force the family court to make a ruling on jurisdiction?


Asked on 1/06/09, 6:41 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Case jurisdiction after death

The wife's attorney is probably correct. The death of a party requires the opening of a probate estate and the substitution of the probate estate administrator being substituted in place of the deceased party.

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Answered on 1/13/09, 10:53 pm


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