Legal Question in Civil Litigation in Pennsylvania
death of family member,civil suit
My sister recently passed away. Prior to her death, she was in and out of the hospital for over a year. Between her stays in the hospital, she and her on again,off again boyfreind, got into an argument and he was arrested and taken to jail. My sister was deemed to intoxicated to drive her car home. She then had another medical issue which required another stay in the hospital. During this time, her car was towed to an impound lot. A so called friend, then agreed to pay to have the car returned as long as my sister agreeded to sign over the car to her. Being under the influence of prescribed medication and in a great deal of pain, my sister agreed to a certain price and went with her freind to get a new title in the freinds name. However, after much thought, my sister decided against it and did not sign the papers. The friend sued her for the cost of getting the car back plus other costs. My sister filed an appeal. Shortly after, my sister had passed away. My question is this. Does this lawsuit just go away? And if I wanted to get the car from her, do I have a right to, being that I am next of kin and am helping my mother with her affairs?
Thank You.
Joe
1 Answer from Attorneys
Re: death of family member,civil suit
The lawsuit doesn't just go away but the plaintiff has to substitute your sister's estate as the defendant in order to proceed with the suit. If there was no Will your sister's property would pass according to intestate laws.