What should I do with a lawsuit initiated pro se by my husband who just passed?

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What should I do with a lawsuit initiated pro se by my husband who just passed?

I am not in the complaint. Neither the court nor the defendant knows of his passing. My husband sued his employer after being fired when notified that my husband needed cancer surgery. Employer denied Health Insurance at hiring (no diagnosis then) and did not pay any medical expenses. Owes other monies too, like moving, business expenses and wages. Employer modified Terms of Contract without mutual agreement. Presented my husband with a “retroactive” termination notice to forego the hospitalization period. Mediation did not work. We left the state for financial reasons; I have 2 minor children.

Asked on January 9, 2013 under Employment Labor Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the fact that you husband has passed after he initiate a lawsuit where he was representing himeself as his own attorney in fact, an amendment to the complaint needs to be made where his estate is substituted in as the plaintiff as the real party in interest.

Given the relatively complicated nature of such, I suggest that you consult with a labor law attorney to assist you in the matter assuming you wish to go forward with the lawsuit on behalf of his estate.

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

Answered 8 years ago | Contributor

I am s sorry for your loss and for the situation as it stands.  You are going to need to be appointed as the Personal Representative of your husband's estate and then you are going to have to be substituted as the plaintiff in the suit.  The matter is technically "stayed" because he passed.  I would strongly suggest that you speak with an attorney.  Good luck.


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