Litigation & Arbitration
Jan. 12, 2023
Can someone sue the dead? Yes, but it’s a minefield
If someone has died and owes you money, you may be entitled to relief but be careful: strict rules and procedures can kill otherwise meritorious claims.
Daniel J. Wilson
Litigation Attorney, Abbey, Weitzenberg, Warren & Emery, PC
They say you shouldn't speak ill of the dead. But can you sue the dead? Sure. You just have to do it right. That's where it gets complicated.
A dead person cannot be sued in his or her own name. Instead, the deceased must be sued through whoever has legal authority over his or her assets. When the assets are in a trust, it is the trustee who has that authority. When the assets are in probate, it is the personal representative. There may be...
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