Administrator not required to pursue intestate deceased relative claim

Probate Law

By John J. Kakacek

John J. Kakacek, a partner in the law firm of Stamos & Trucco LLP, concentrates his practice in commercial litigation and professional liability defense matters. Contact him at jkakacek@stamostrucco.com.

Posted March 25, 2020 2:23 PM

The general rule is that actions that survive a decedent’s death must be pursued by an appointed representative for the benefit the decedent’s creditors and heirs.See, for instance, Castaneda v. Ingram, 2018 IL App (1st) 170065, ¶ 13 (action must be brought by the executor or representative); Will v. Northwestern University, 378 Ill.App.3d 280, 289 (1st Dist. 2007) (survival actions do not create rights in an estate beneficiary to bring suit).This rule is rooted in the doctrine of “standing,&rdquo …

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