Litigation Against a Deceased Person
What happens when you are preparing to file a lawsuit, or have already sued/been sued and a party dies? It could be your plaintiff, or the defendant you were planning on suing. The death of an essential party can raise several unique legal issues where seldom reviewed statutes could apply. Do you have to file a probate, must you comply with the creditors claim procedure, and what different statute of limitations might apply? This issue can affect both the probate attorney and litigators and there are a few traps to be aware of. Join us for a review of the statutes, some pit falls and an exchange of ideas of how to handle this circumstances.
Barry L. Adams
Adams & Rafferty
Barry Adams has been certified as a Specialist in Estate Planning, Trust and Probate Law by the State Bar of California. He concentrates his practice in estates, trusts and elder law. Barry has extensive experience in all aspects of estates, trusts and elder law. He is particularly experienced and passionate about assisting families in conflict after loved ones die. He takes great pride in finding creative and innovative ways to end the conflict so the grieving family members can move on with their lives. He is the founder of the Elder Law Clinic of Empire Law School and was formerly a professor of Elder Law at Empire Law School. He is a member of the Probate and Trust section of the State Bar of California and the Trusts and Estates Sections of the Orange County Bar Association and the Sonoma County Bar Association. He speaks about avoiding conflict and contests in trusts and estates to groups throughout California. Barry maintains offices in Santa Rosa and Huntington Beach. In his spare time, he is an amateur genealogist, avid tennis player and admitted gadget lover.
Daniel J. Wilson
Abbey, Weitzenberg, Warren & Emery
Dan Wilson is a skilled litigation attorney with experience representing some of the world’s leading companies in a wide range of high-stakes, complex litigation. Prior to joining the firm, Dan was a shareholder at another prominent Sonoma County law firm and an attorney at the San Francisco headquarters of the prestigious international law firm Morrison & Foerster LLP.
He has significant experience litigating and advising on a wide range of matters involving business, employment, real property, trust & estates, homeowners associations, and construction.
Dan is a graduate of the University of Pennsylvania Law School, where he served as a legal writing instructor. He also has a master's degree from the London School of Economics and an undergraduate degree from the University of California, Berkeley, where he graduated summa cum laude and was elected Phi Beta Kappa.
Dan currently serves on the board of the Sonoma County Bar Association.
In 2020, the North Bay Business Journal named Dan as one of its “Forty Under Forty” award winners, recognizing him as one of the most influential business people under the age of 40 in the North Bay.
Deeply involved in the community, Dan is President of the Leadership Santa Rosa (LSR) Alumni Association and serves on the board of the Children’s Museum of Sonoma County. Dan has previously served as a member of the LSR Steering Committee and as vice-president of Active 20-30 Santa Rosa (#50).
When he is not practicing law, Dan can be found spending time with his wife (Alex) and their twin boys (Arie and Sidney), playing guitar, and rock climbing.
Marlon V. Young
Merrill, Arnone & Jones
Marlon represents individuals and business entities in their daily needs. He handles business structuring, real estate, estate planning, probate, trust, aviation, and litigation.
Marlon has lived in Sonoma County since 1983 and has strong ties to the community.
He has been a member of the Sonoma County Aviation Commission for 25 years and served as Chairman for the past 5 years.
He is current President and board member of the Experimental Aircraft Association (EAA Chapter 124) and involved in the Pacific Coast Air Museum and its flight wing.
Marlon has participated in Leadership Santa Rosa and is a member of the Sonoma County Probate section of the local Bar Association.
Marlon developed an aviation law specialty based upon his aviation background and association with AOPA (Aircraft Owners and Pilots Association) Marlon is a licensed pilot and owns a 1967 Citabria that he rebuilt with his father, an aircraft mechanic. They also own a Cessna 195.
Marlon represents pilots, mechanics, aircraft owners, FBO’s and aviation-related Non-Profit museums. His practice includes appeals before the NTSB. [EA-5179]. He has assisted numerous buyers and sellers of aircraft, including ex-military and experimental aircraft.
Marlon is one of AOPA’s legal services panel attorneys.
Admitted to practice: 1989