Full question:
In NY, if one of the original plaintiffs in a trespass claim dies can the claim be assigned (the property is in trust) or is the case over?
- Category: Wills and Estates
- Subcategory: Executors and Administrators
- Date:
- State: New York
Answer:
Generally, a representative of the estate may be an action of continue an action on behalf of the deceased. The answer will dpeend on all the facts and documents involved.
In an ongoing case, a document such as a "Notice of Death and Substitution of Parties" may be filed and you may not even need permission of the court. The new plaintiff is, of course, the personal representative or executor of the estate. In other states, the court's permission may be required.
Please see the following NY statute:
§ 1015. Substitution upon death. (a) Generally. If a party dies and
the claim for or against him is not thereby extinguished the court shall
order substitution of the proper parties.
(b) Devolution of rights or liabilities on other parties. Upon the
death of one or more of the plaintiffs or defendants in an action in
which the right sought to be enforced survives only to the surviving
plaintiffs or against the surviving defendants, the action does not
abate. The death shall be noted on the record and the action shall
proceed.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
