Defamation claim against deceased author

**bernbren** · 03-12-2006, 12:54 AM

Can a claim for defamation be lodged by a named person in a book, against the estate of the deceased author?

If the estate still had assets could a litigator be awarded compensation and/or costs?

**Mr. Knowitall** · 03-12-2006, 10:50 AM

Quoting bernbren

Can a claim for defamation be lodged by a named person in a book, against the estate of the deceased author?

Yes, assuming the suit is filed within the governing statute of limitations.

Quoting bernbren

If the estate still had assets could a litigator be awarded compensation and/or costs?

Normally the attorney's fees would be paid out of any recovery, or by the plaintiff.

**bernbren** · 03-12-2006, 11:47 AM

Thank you for your reply, but does statute of limitation cease when all of the estate has been shared out to the beneficiaries? or until probate?

**Mr. Knowitall** · 03-12-2006, 01:08 PM

The statute of limits normally starts to run when you first knew or should have known of the defamatory statement.

If the estate is closed with all assets distributed, it will probably be very difficult (and may be impossible) to collect against the estate.