What will hapen to my mother’s pending lawsuit now that she has passed?
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What will hapen to my mother’s pending lawsuit now that she has passed?
I just found out that my mother passed away 10 days ago. I live in PA and she resided FL. Before she passed she had a pending lawsuit going on and I am concerned what will happen now that she has passed away. I have 2 brothers that live down there and a grandmother that is evil, who is trying to keep whatever my mother had from my brothers.I personally don’t care about the money she was getting but I want to make sure that my brothers who are 19 and 21 will be OK. What will happen to her money now? And what do I have to do to make sure it goes into the right hands?
Asked on July 31, 2011 Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your mother had a personal injury lawsuit pending when she died, most likely a good portio of it passed as well such as pain and suffering claims past and future.
If the lawsuit was a business lawsuit such as a breach of contract action, the action would survive but a representative of your mother's estate would have to be substituted in as the plaintiff in that action to continue on with it.
You need to contact the lawyer that was representing your mother in the lawsuit just prior to her passing to discuss what needs to be done now that she has passed away. Depending upon what he or she says, there might not be much incentive in going forward with the lawsuit.
Good luck.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your mother had a personal injury lawsuit pending when she died, most likely a good portio of it passed as well such as pain and suffering claims past and future.
If the lawsuit was a business lawsuit such as a breach of contract action, the action would survive but a representative of your mother's estate would have to be substituted in as the plaintiff in that action to continue on with it.
You need to contact the lawyer that was representing your mother in the lawsuit just prior to her passing to discuss what needs to be done now that she has passed away. Depending upon what he or she says, there might not be much incentive in going forward with the lawsuit.
Good luck.
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