If my wife and I are plaintiffs in a small claims case but she recently passed away, should I include her name in any future proceedings in this matter?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my wife and I are plaintiffs in a small claims case but she recently passed away, should I include her name in any future proceedings in this matter?
Should I add (deceased) by her name?
Asked on June 25, 2015 under Bankruptcy Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You have to use the case name as it, unless and until the court changes it. You could make a motion to change the caption, but it's probably not worthwhile in a small claims matter. Best would be to contact the clerk of the small claims court, explain the situation, and ask what the court recommends. Please also accept our sympathy for your loss.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.