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What is the Statute of Limitations of a person dead 13 years? Read details below.

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keechee1

Member
New York

Here are the background details:

On July 8, 2000 NY driver was charged with two counts of aggravated vehicular homicide following a 9 car pile up on a Ohio Turnpike.

The NY Driver was due to start trial November 16, 2001 when he died on November 2, 2001. His attorney notified the appropriate court officials with a death certificate and a letter prior to the start of trial. NY Drivers date of death appears under the Social Security Death Index listings that are publicly published.

His widow legally filed there was no estate and case was closed. The automobile insurance policy paid out to three involved individuals total of $25,000. The widow of the person killed in the auto accident collected on her husbands work policy of $1M. (don't know if the above is relevant but wanted to mention).

Last month (October 2014) deceased NY driver received a statement mailed to his last known address from the County Clerk office of Ohio asking for a file fee of $60.00. Unsure why after 13 years this was sent. Second letter to deceased received this week. Again, these letters were addressed to the deceased person - not his wife, family, estate - just the specific individual.

Does the widow of the deceased have any obligation to again notify the court he is deceased as court was properly notified in 2001; and deceased's death is listed as public record under Social Security Death Index. Isn't there a statute of limitations, 13 years later?

Widow feels this is a bookkeeping error on the part of the court and wishes to ignore notification as it was not addressed to her and opens old wounds.

Please advise what should be done? Reply to the letter? Write on envelope person is deceased and return to sender?
 


FlyingRon

Senior Member
She can either ignore them or she can return them with a note stating the person is dead (give the dates of death and the date of the closure of the estate).
She is NOT responsible for any of this herself.
 

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