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Perspective

Feb. 27, 2015

How to collect claims when an adverse litigant dies

Litigators often believe they are prepared for any contingency, yet are baffled when an adverse party succumbs to a most predictable fate - they pass away while litigation remains unresolved. By Richard W. Brunette


By Richard W. Brunette


Litigators generally believe they are prepared for any contingency, yet are baffled when an adverse party succumbs to a most predictable fate - they pass away while litigation remains unresolved. The death of a litigant triggers unanticipated deadlines that may be as important as all of the litigator's prior planning and effort.


When a Californian who engages in significant litigation dies, a probate proceeding will probably ...

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