What is the effect on the statute of limitations when the defendant dies?

What is the effect on the statute of limitations when the defendant dies?

• A. 18 months added to remaining SOL
• B. SOL continues without tolling
• C. 6 months added
• D. 2 years added

Answer: (A)

When the defendant dies, the time to sue is extended to give the plaintiff a fair chance to pursue the claim against the decedent’s estate. The clock is tolled by an eighteen-month period, added to whatever time was remaining on the statute of limitations at the moment of death. In practical terms, you take the remaining SOL when death occurs and add eighteen months to it, so the plaintiff has that extended window to file or substitute the estate. This helps ensure the claim can be addressed even if the defendant dies before the original deadline runs out.

When the defendant dies, the time to sue is extended to give the plaintiff a fair chance to pursue the claim against the decedent’s estate. The clock is tolled by an eighteen-month period, added to whatever time was remaining on the statute of limitations at the moment of death. In practical terms, you take the remaining SOL when death occurs and add eighteen months to it, so the plaintiff has that extended window to file or substitute the estate. This helps ensure the claim can be addressed even if the defendant dies before the original deadline runs out.