Does the defendant still owe plaintiff if plaintiff is now deceased?

by Laura
(Palm Desert, CA)

Plaintiff awarded claim in small claims court in Riverside County, California. Defendant making payments as agreed. Defendant has learned that the Plaintiff is deceased. Has not been formally notified. Checks to Plaintiff have been endorsed by unknown person. What are the laws concerning this? Is the Defendant obligated to continue to pay a deceased person. Should Defendant receive formal notification to pay the Estate?

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May 29, 2013
Does the defendant still owe plaintiff if plaintiff is now deceased?
by: DebtCollectionAnswers.com

We are not attorneys nor are we experts on the law in California. That said, we believe that the estate of the deceased is entitled to receive the money the court ordered you to pay. In fact, the "unknown person" who endorsed your check may very well be the executor for the estate of the deceased who would also be responsible for collecting what ever money you owed to the deceased.

If you want a more detailed answer to your questions, we recommend that you speak with a probate law attorney in your area.

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