Legal Question in Civil Litigation in New Jersey

What should I do with a lawsuit initiated pro se by my husband who just passed? I am not in the complaint. Neither Court nor Defendant know of his passing.

My husband sued his employer in NJ, after being fired when notified that my husband needed cancer surgery. Employer denied Health Insurance at hiring (no diagnosis then) and did not pay any medical expenses. Owes other monies too, like moving, business expenses and wages. Employer modified Terms of Contract without mutual agreement. Presented my husband with a �retroactive� Termination Notice to forego the Hospitalization Period. Mediation did not work. We left NJ for financial reasons. I am in OH now, with two minor children.


Asked on 1/09/13, 9:31 am

1 Answer from Attorneys
Michael Lindner Lindner Law LLC

If a person (plaintiff) passes away after filing a lawsuit in his name, the lawsuit continues. However, you would need to amend the complaint to change the plaintiff�s name from your husband to the �estate of your husband�s name�, and it would be handled through either you (or the executor of the will) as the administrator ad prosequendum. There is some paperwork that would need to be filled out with the surrogate�s office in the County that the complaint was filed. It can be done through the mail if you are out of State.

Keep in mind that if you continue the case for your husband, there will be times that you would need to appear locally here in NJ for various court proceedings that may occur.

You should also consider having the case reviewed by an attorney to determine whether, in light of his passing, it remains worthwhile to pursue.

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Answered on 1/10/13, 6:39 am


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