May Anyone File a Lawsuit on Behalf of An Estate ?
May someone other than the duly appointed personal representative of a Florida decedent’s estate file a lawsuit on behalf of the estate or the estate’s beneficiaries? Generally, no. However, if a lawsuit needed to be filed (e.g. to preserve rights or to file before the statute of limitations has “run”) or if one was filed by one without authority, it may be possible to permit the suit to go forward. A recent 3rd District Court of Appeal case suggests that the case may proceed if the duly appointed personal representative is properly substituted for the person who filed the complaint. For a copy of this Eisen opinion, please email firstname.lastname@example.org