What Happens to a Lawsuit If You Pass Away Mid-Case?

Imagine you’re in the middle of a legal dispute—maybe over a job issue or a business matter—and you’ve taken all the right steps by hiring an attorney and filing a lawsuit. The case is progressing, and then the unexpected happens: you pass away before it’s resolved. It’s not something we like to think about, but it’s an important question to consider, especially if you’re currently involved in litigation.

This issue made headlines when a federal appeals court addressed a situation where attorneys continued with a case after their client had died—without notifying the court. Not only did the court dismiss the appeal, but it also referred the lawyers to the court’s grievance panel for a possible ethics violation. The case is a reminder that, in any legal matter, transparency and proper procedure are key.

So what should happen if someone involved in a lawsuit passes away?

The answer depends on a few things, but generally, when a party to a lawsuit dies, the court doesn’t just close the case. Instead, Florida law allows for the appointment of a personal representative for the deceased person’s estate. Once appointed through the probate process, this personal representative can be substituted into the lawsuit in place of the deceased individual. From there, they can continue to pursue or defend the case on behalf of the estate.

This legal substitution is important. Without it, any potential value from the lawsuit—such as a financial settlement or court judgment—could be lost, depriving the estate and its beneficiaries of assets that rightfully belong to them.

The same rule applies if the person who passed away was on the other side of the lawsuit. If someone being sued dies during the litigation, the plaintiff can typically continue the lawsuit against the estate. In that case, the personal representative again steps in, this time to help guide the defense.

Florida law takes the role of a personal representative seriously. The person you name in your will to serve in that role should be someone you trust to handle sensitive matters, including legal decisions. If you’re involved in ongoing litigation or believe you may be soon, it’s wise to make sure that your estate planning documents are up to date and that your chosen representative is up to the task.

Being a trustee, executor, or personal representative comes with legal responsibilities. One of those duties is ensuring that any legal claims—whether being made or defended—are handled properly. That means consulting with legal counsel early and often to avoid costly missteps or potential breaches of fiduciary duty.

The takeaway here is simple: if you’re involved in litigation or anticipate a dispute that could end up in court, estate planning should be part of the conversation. Having a clear plan in place, including the appointment of a capable personal representative, helps ensure that your legal matters won’t be left in limbo and that your estate is protected.

At The Soto Law Office, we assist clients across Central Florida with estate planning, probate administration, and complex legal matters like these. If you have questions about how a lawsuit could affect your estate—or how to protect your rights or your loved one’s interests after someone passes—we’re here to help.

Call us at (321) 972-2279 or visit www.TheSotoLawOffice.com to schedule a consultation. Let’s make sure your estate plan supports you now and in the future, no matter what unexpected turns life may bring.