Legal Question in Wills and Trusts in Indiana

Re: lawsuit

The death of a litigant during the course of a lawsuit does not stop proceedings. The estate of that person can be substituted for the decedent. Some causes of action brought by the decedent do die with the decedent, but you need to confer with a local lawyer to evaluate this. Good luck.

Re: lawsuit

The survival of a lawsuit past a the plaintiff's death depends on the nature of the suit. So, a complete answer requires knowing what the nature of the suit is. Here is a general answer the Kentucky statute.

KRS 411.140 states:

No right of action for personal injury or for injury to real or personal property shall cease

or die with the person injuring or injured, except actions for slander, libel, criminal

conversion, and so much of the action for malicious prosecution as is intended to

recover for the personal injury. For any other injury an action may be brought or revived

by the personal representative, or against the personal representative, heir or devisee, in

the same manner as causes of action founded on contract.

So claims based on personal injury survive ones death. Claims of libel, slander, criminal conversion, and part of a malicious prosectution do cease if the bringer of the suit dies.

Other actions can be revived by a personal representative of the deceased. This is the same as for actions based on contract.

Re: lawsuit

It depends on the type of matter, but generally speaking the Estate or Personal Representative can be substituted as the Plaintiff. The money would go to the Estate.