Florida probate lawyers know that probate litigation is not the only time their services are needed. Sometimes you need to open an estate to bring a lawsuit on behalf of the decedent against third parties such as employers. Can a surviving spouse file a lawsuit for discrimination after her husband already died? According to this recent appeal from the Fourth District Court of Appeal, the answer is yes.
Personal Representatives in Florida
- Probate attorneys Florida know that the first step in anything related to probate is usually opening the estate.
- The lawyer represents the estate in Florida probate litigation but they need someone to give direction.
- That person is the personal representative who is charged with upholding the best interests of the estate.
- In most cases it is undisputed that a right to sue does not die when a person dies.
- In other words, the personal representative can sue for the benefit of the estate.
- For example, if a person is killed by a drunk driver, surely the Florida personal representative can sue for wrongful death on their behalf
- That is not always the case though.
- There is a wide branch of case law discussing what claims cannot be brought after death.
- One such issue was whether or not claims of discrimination are allowed.
- We have previously blogged about discrimination cases that continued after someone died.
- But can a personal representative bring the claim themselves originally?
- That is what the Fourth District Court of Appeal was asked in this recent Florida appeal.
Cimino v. American Airlines, Inc.
- This was a rather sad case out of the Fourth District Court of Appeals.
- The question before the Court (and on the minds of Estate attorneys Florida) is whether or not a surviving spouse as personal representative can charge a claim of discrimination after her husband’s death.
- Here a man was allegedly discriminated against while working for the defendant airline.
- So much so, that he was eventually fired.
- He then shortly thereafter committed suicide!
- The Court answered in the affirmative and allowed the claim to move forward.
- Was that the right decision?
- What do you think?
Before you make up your mind, read the case!
For a free copy click here.
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