what happens to a lawsuit if the person is dead
2 Answers from Attorneys
Usually the estate takes over the lawsuit.
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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