May Anyone File a Lawsuit on Behalf of An Estate ?

May someone other than the  duly appointed personal representative of a  Florida decedent’s estate file a lawsuit on behalf of the estate or the estate’s beneficiaries?  Generally, no.  However, if a lawsuit needed to be filed (e.g. to preserve rights  or to file before the statute  of limitations has  “run”) or if one was filed by one without  authority,  it may be possible to permit  the suit to go  forward.  A recent 3rd  District Court of Appeal case suggests that the case may proceed if the duly  appointed personal representative is properly substituted for the person who filed the complaint.  For a copy of this Eisen  opinion, please  email  michelle@pankauskilawfirm.com