Action sought against deceased plaintiff in lawsuit

Sep 14, 2020 | Estate Planning

Those involved in the administration of one’s estate in New Jersey may not fully realize the extent of the tasks they agree to assume. They might believe their role only involves the disposition of their assets. In some cases, it may very well end there. Yet oftentimes one must take on any actions that the decedent participated in prior to their death. 

Such actions may require that one act in the place of a decedent in a legal matter. As these matters can often become contentious, an attorney, personal representative or executor’s responsibility might very well require that they respond to accusations made against the decedent (or claims against their estate). 

Overdose victim targeted by ex-boyfriend

The case of the now-deceased ex-girlfriend of former boxer Floyd Mayweather serves to illustrate such a scenario. Per The Blast, the woman died from an accidental drug overdose earlier this year. Yet a legal battle initiated prior to her death between her and Mayweather over accusations of domestic violence remains unresolved. Since her death, however, there has yet to be a formal personal representative appointed to oversee her estate. Mayweather continues to file motions in the case, with his most recent seeking sanctions against both the woman’s estate and her attorney for not responding to petitions since her death. The decedent’s attorney responded by calling the action “inappropriate,” and stating that the quest to name an overseer of the woman’s estate still continues. 

Understanding the responsibilities that come with an estate appointment

Some may see stories such as this and feel concerned about their ability to fulfill their appointments as a representative of an estate. Fortunately, legal resources may be available to help one complete any and all administrative responsibilities assigned to them.