Q: The executor wants to file a wrongful death suit, but I don't and I'm an heir - what can I do?
A: You don't have to be included as a Plaintiff, but you will be sued as a nominal defendant. All eligible heirs have to be a party to a wrongful death suit so that their interests are finally adjudicated. However, not every heir has proper standing for a wrongful death suit. Finally, the executor doesn't file a wrongful death suit (unless he is an heir). Only the appropriate heirs can do so. See Code of Civil Procedure section 377.60 (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=377.60.&lawCode=CCP) The executor could file a survivorship action.
A: It's the executor's call. I suggest you follow attorney Light's advice. If you mean can you halt the whole thing, first, consider that the rest of the family may not appreciate your trying to derail their case. Second, it will proceed in all liklihood.
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