§ 1051. Causes of action that survive In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to the person, or to real or personal estate, or for any deceit or fraud, shall also survive; and the action may be brought, notwithstanding the death of the person entitled or liable to the same.
§ 1052. Actions which abate on death of party No action pending in any court shall abate by the death of either or both the parties thereto, except an action for libel, slander or malicious prosecution, which shall abate by the death of the defendant. An action for libel, slander or malicious prosecution shall not abate after a jury verdict or a decision by the court where the trial is by the court, unless a new trial is ordered.
Therefore, if the cause of action is eligible to survive the plaintiff's death then the estate will become the new plaintiff as administered by the designated personal representative.
Please reply if I can help further.
The lawsuit would survive and the administrator of his estate would take over. The proceeds (if any) would then benefit the estate and his heirs.
The power of attorney probably will not take over. Most likely (depending on the nature of his entire estate planning documentation) there will be a designated representative or administrator of his estate (could be the same person) in his will. That will be the person who basically takes over on behalf of the estate.
In that situation there should be no problem. The only way to make sure is a quick call to the attorney who drafted the actual document... but from your description everything seems fine.
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