One of my family members just passed away and she had a pending lawsuit . Will the lawsuit continue to the heirs or does it become null and void?

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One of my family members just passed away and she had a pending lawsuit . Will the lawsuit continue to the heirs or does it become null and void?

This lawsuit had to do with an unwritten partnership over some property.

Asked on June 16, 2009 under Real Estate Law, Texas

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area.  When a person dies without a will, the assets in their estate pass to the next of kin.  A lawsuit is an asset that belongs to the estate.  the representative of the estate may pursue the action and collect whatever damages that the person would have gotten had they been alive.  the proceeds from lawyer are put into the estate and distributed to the next of kin/heirs.  I suggest speaking with the lawyer for the deceased family member so that you can continue the action.


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