Q: Who can represent my dead father in court?
My father was sued, but never told my mother or family about it. It ended up in a default judgement, because he stopped going to court. He died soon after the judgement was issued. Do we have any course of action to appeal the case? If so, can one of the kid's represent my father, as my mother is obviously grieving and doesn't want to go through this right now?
A:
Dear Los Angeles:
You state that the case ended up as a Default Judgement, which normally occurs when a defendant does not file an answer. (There can be other ways to get a judgement short of trial, but they are not entitled "default judgements.")
There are grounds on which you could seek to have the default judgement vacated. For example, the Defendant never received notice of the lawsuit, or the Defendant was incapable of answering due to illness.
Yes,one of the Children could represent your father. They will need to be appointed as the administer of your Father's estate. Time is of the essence, so you would also request appointment as special administrator for the purpose of dealing with the case.
You should consult with an attorney right away, and bring with you all of the information you have. You will need someone who knows both probate law and civil litigation. A good place to start is your local county bar association, these provide referrals to an attorney who provide a low or no cost consultation.
Kenneth V Zichi agrees with this answer
A: You really should consider hiring a lawyer - or at a minimum get a consultation. You have a lot of complicated issues that make it impossible to answer in a forum like this.
A:
I am sorry that your family has this problem. Here are some questions that you will need to answer before a lawyer knows how to guide you: Did your father leave any valuable assets? Was there a will? Was there a trust? Is there a probate case?
If there were no assets, it may be sufficient to send them them a copy of death certificate with a letter telling them there were no assets and there is no probate. If there were assets, such as real estate, the judgment might already have attached as a lien against the real estate. I suggest you consult a probate lawyer.
Kenneth V Zichi and Harlene Miller agree with this answer
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