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Serving a Deceased Defendant

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La Cubana

Junior Member
What is the name of your state (only U.S. law)? Florida

If a spouse of a defendant in a foreclosure action is deceased, how do you eliminate them as a party? How can you, and do you have to, complete service of process on the deceased party?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Florida

If a spouse of a defendant in a foreclosure action is deceased, how do you eliminate them as a party? How can you, and do you have to, complete service of process on the deceased party?
If the deed was joint with rights of survivorship it should not be necessary to include the estate of the deceased as a party. If it was held any other way, then yes it might be necessary to include the estate of the deceased.
 

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