My Loved One Died in the Middle of a Lawsuit: How Does This Affect Estate Planning?

The passing of your loved one might have occurred at an unexpected and inconvenient time. Lawsuits may span several years, and your relative may have died before finalizing this legal action. What happens to the lawsuit if your relative died in the middle of it? How does this complicate probate in Stuart? Can a Florida estate planning lawyer help?

Death Does Not Necessarily Stop Lawsuits

If a party to a lawsuit dies in Florida, proceedings may be temporarily “stayed” or halted. However, the lawsuit can (and often does) continue. In a sense, the estate of the deceased party “inherits” the lawsuit. This may be beneficial or detrimental to the estate and its beneficiaries, depending on the situation.

What if a Defendant Dies During a Lawsuit?

Suppose your loved one was being sued before they passed away. The plaintiff could continue the lawsuit against the estate, and your family might be forced to continue the defense where it left off. The person responsible for overseeing this transition is almost always the personal representative, who is the person designated by your loved one to oversee the administration of their estate after their passing.

The only exception is if your loved one’s business was facing legal action. In this situation, the company could be a separate legal entity – and the responsibility of the defense may fall instead to another shareholder, executive, or director within the company’s hierarchy. That said, the estate and its beneficiaries could still suffer if the company loses the lawsuit, as they may have been expecting to inherit shares.

What if a Plaintiff Dies During a Lawsuit? 

If a plaintiff dies during a lawsuit, their loved ones might also inherit the responsibility of continuing legal action. However, this process is not automatic. The personal representative in this situation may need to act quickly in order to keep the lawsuit alive. This might involve working with an experienced lawyer, filing proper motions, and following Florida’s “survival statute.”

Note that there may be new damages to pursue after a plaintiff’s death. For example, the family may claim damages associated with funeral costs and the total loss of future earnings. The beneficiaries might also claim emotional distress, grief, loss of consortium, and other non-economic damages.

Can a Stuart Estate Planning Lawyer Help Me? 

A Stuart probate lawyer may be able to help if you face complex legal situations after your loved one’s passing. A pending lawsuit can certainly complicate your approach to probate. These situations can vary greatly, and online research may not provide the same kind of personalized guidance as a lawyer. Consider continuing this conversation with Kitroser Lewis & Mighdoll today.

Source:

 leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0046/Sections/0046.021.html