Suing for libel on behalf of someone dead?

Asked about 1 year ago - Beverly Hills, CA

Is it possible for the estate to sue for libel if a dead person was defamed after her death? I was told it was not possible because the dead are not legally considered to have a reputation. However, someone told me that a person CAN still be sued for libel. Now I'm not sure which to believe.

Attorney answers (4)

  1. Malosack Berjis

    Contributor Level 20

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    Answered . No, the estate of a deceased individual cannot sue on behalf of the deceased if the defamation occurred after the death of the individual.

    Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and... more
  2. Jeffrey Ira Schwimmer

    Contributor Level 19

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    Answered . As you have already been advised, there is no cause of action for defamation of a deceased person that can be pursued.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

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    Answered . Asked and answered previously

  4. George Costas Andriotis

    Contributor Level 20

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    Answered . Ms. Berjis is correct in that you have no cause of action.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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