The Alabama Supreme Court held that the personal representative of an estate who had been discharged and released as the estate representative prior to filing a wrongful death action, was without capacity to file the wrongful death action, and its filing was a nullity.
Jul 16, 2016
Where someone other than the personal representative of an estate brings a wrongful death action, the suit is a nullity that cannot be remedied by substituting the personal representative as the plaintiff.
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