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Suing for libel on behalf of someone dead?

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.

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Attorney answers 4

Best Answer

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 thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.


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


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

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