[WSBAPT] Client Death During Active Case

[Inge Fordham]

Colleagues,

I have an active case with a pending motion where my client just passed away.  This is a first for me.  I obviously need to commence probate ASAP and have a PR appointed for the estate.  My question is concerning the active case in which the client was a plaintiff and counterclaim defendant – how do I notify the court the court of my client’s death and address the pending motion?  (The pending motion is to compel discovery responses and my client is obviously not going to be able to provide responses).  My client’s family does not want to continue pursuing claims but the defendant/counterclaim plaintiff may choose to pursue claims against the estate (in lieu of the plaintiff himself).  I would imagine there is an issue as to the real party in interest.

Thanks in advance for any advice.

Best regards,


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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