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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.

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โˆ™ 2009-01-06 15:31:09
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Q: What happens when a defendant in a lawsuit dies?
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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.

Is the plaintiff or the defendant listed first in a lawsuit?


Can a witness in civil case be added as defendant?

Not if the case were already underway. You would have file a new or amended lawsuit in order to name the 'witness' as a defendant or co-defendant. it is doubtful that an amended lawsuit would be granted at this point in the proceedings.

What does party to a lawsuit mean?

When someone is referred to as a party to a lawsuit it means they are a litigant, either plaintiff or defendant.

What is the person filling a lawsuit called?

The person filing a lawsuit is the Plaintiff. The person they are suing is called the defendant.

Definition parties to a lawsuit?

The plaintiff is the accuser and the defendant is the accused.

A defendant is a person against whom a lawsuit is brought?


What are the two parties in a lawsuit?

Plaintiff and Defendant, or Petitioner and Respondent.

Can a lawsuit against a defendant be filed in a different county?

The court where the lawsuit is filed must have jurisdiction. One of the persons in the lawsuit must either reside there, or the cause of the lawsuit had to occur there.

Is defendant and respondent the same?

A defendant is the party being sued in a civil or criminal lawsuit. In some types of cases, such as that of divorce, a defendant is also called a respondent.

Does double jeopardy allow a defendant to collect double damages in a lawsuit?


A jurisdiction refers to the authority of the court to determine the rights of a defendant in a lawsuit is?

In rem

What is a formal statement naming the plaintiff and defendant and describing the nature of the lawsuit?


What is the formal statement naming the plaintiff and defendant and describing the nature of the lawsuit?

A complaint.