QUESTION
What happens when recently deceased husband has case pending pro se in NJ Civil Court? I am his widow and I am not in the complaint.
Asked on Jan 09th, 2013 on Civil Litigation - New Jersey
More details to this question:
Case against employer. Fired him after being notified that my husband needed cancer surgery. Employer did not provide Health insurance as promised. Employer owes other monies too, like business and moving expenses. Went to mediation without positive results. Employer modified terms of Contract without my husband's consent, and became hostile upon first emergency hospitalization of my husband. Neither employer nor Court are aware of his passing. Court date coming up next week.
1 ANSWER
2 Awards
You can continue this lawsuit in your husband's name as long as you are the Executor or Administrator of his estate. If he had a will, take the will to the county surrogate's office in the county in which you live and have the probated. the Surrogate's Clerks will hlep you. you will get back a certificate indicating you are the Executor. You will then have amend the complaint and anem your husband's estate as the plaintiff with yourself as the executor of the estate. If your husband died without a will, you can still go to the Surrogate's Office and will become the Adminisntrator of his estate and the process from there is the same. good luck
Answered on Jan 11th, 2013 at 8:28 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship