If someone has a class action lawsuit pending and that person dies, is there child eligible to receive the settlement?

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If someone has a class action lawsuit pending and that person dies, is there child eligible to receive the settlement?

My dad was part of a class action suit and he has passed away but the case is coming to a conclusion (supposedly). The attorney says he doesn’t want to involve me because it could prolong the case. What are my legal options?

Asked on July 21, 2011 Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  Technically speaking, a matter is stayed when a party passes away and the personal representative of the estate of the deceased person is substituted in the caption.  If that is not how it is working there then be prepared that the settlement check will be written in the name of your Father's estate and the name of the attorney so someone who has been appointed as the personal representative will be needed to sign the check in a fiduciary capacity.  So go and file a petition to be appointed as the fiduciary then put the attorney on notice of the fact.  You may need some legal help here.  Good luck.


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