This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Perspective

Jul. 19, 2011

Navigating the Death of a Party

Tort lawyers should be aware of how probate law can affect a client's case when one of the parties die. By Darren O. Aitken and Atticus N. Wegman of Aitken Aitken Cohn


By Darren O. Aitken and Atticus N. Wegman


Lawyers oftentimes specialize in one area of the law. When it comes to probate law, however, tort lawyers should take heed. Though tort lawyers generally do not encounter probate law issues, they should be aware of how probate law can affect their client's case when their client or a potential defendant dies.


Code of Civil Procedure Section 366.2 establishes that no suit can proceed on a cause of action sur...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up