Best Answer

When any party to a lawsuit dies, the estate of the deceased party is substituted for the person. The estate executor or administrator then becomes the party in interest to handle the lawsuit. In most states, the executor/administrator will handle the lawsuit without having to consult with the ultimate beneficiaries before taking any action, such as settling. In practice though it is wise to get some feeling from the beneficiaries, since they might make some objections about a settlement and try to hold the executor/administrator liable for making a bad settlement. But once the ececutor/administrator does sign on the settlement, the beneficiaries cannot re-open the case just because they dislike the result.

User Avatar

Wiki User

2009-01-06 15:31:09
This answer is:
User Avatar
Study guides

What factors contributed to the Holocaust

What was the result of the Scopes monkey trial

How did American women win the fight for suffrage

How did Fordism affect American labor

See all cards
No Reviews

Add your answer:

Earn +20 pts
Q: What happens when a defendant in a lawsuit dies?
Write your answer...
Still have questions?
magnify glass
Related questions

What happens if a criminal defendant dies with charges pending?

No defendant no charges. It is done.

Who decides if a lawsuit continues if the defendant dies?

well it depends on if the defendant had a spouse or an family , it would be there choice if neither are uncontactable then it is entirely in the hands of the judge

What happens if defendant dies before trial?

What happens if the defendant dies before pretrial has happened was charged with trafficing an they have seized cars an personal items. can i get these items back.

What happens to a pending lawsuit when someone dies?

when a person dies and a lawssuit is pending in new york city does he or she lawsuit drop sixty percent

Pleadings filed by a defendant in a lawsuit?

pleadings filed by a defendant in a lawsuit is called written statement.

What is a defendant?

The defendant is the person who is being sued in a lawsuit.

What happens when a Plaintiff dies during a lawsuit and the lawsuit wins who is entitled to the winnings?

The defendant must then suffer capital punishment so the plaintiff can collect in the afterlife. Unless the plaintiff is a Hindu, or Buddhist, then it is up to the attorney to locate the being that the plaintiff has been re-incarnated as.

Who is the defendant when named in a lawsuit?

The person who is accused of the crime is known as the defendant.

What happens if someone dies during a lawsuit?

Possibly the results would affect the estate--this happens fairly often.

The person who initiates a lawsuit is called a an?

A plaintiff initiates a lawsuit against a defendant.

How long does a defendant have to answer a lawsuit after they have been served?

Defendent has 30 days to asnwer a lawsuit.

When voluntarily dismissing a lawsuit must the parties to the lawsuit sign?

The answer is no, the plaintiff can dismiss the lawsuit at anytime if there are no substantial objections from the defendant.

People also asked