If my wife and I are plaintiffs in a small claims case but she recently passed away, should I include her name in any future proceedings in this matter?

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If my wife and I are plaintiffs in a small claims case but she recently passed away, should I include her name in any future proceedings in this matter?

Should I add (deceased) by her name?

Asked on June 25, 2015 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have to use the case name as it, unless and until the court changes it. You could make a motion to change the caption, but it's probably not worthwhile in a small claims matter. Best would be to contact the clerk of the small claims court, explain the situation, and ask what the court recommends. Please also accept our sympathy for your loss.


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