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Can I enforce a settlement if the claimant (my brother) died in the middle of negotiation?

Asked by user in Oregon.

My brother was forcefully and illegally evicted during COVID-19. Upon his death the landlord was preparing to settle the case for $11,000. He had no heirs.

Answered by Enjuris Editors:

Oregon Revised Statute 115.305 provides that "all causes of action or suit by one person against another survive to the personal representative of the former and against the personal representative of the latter."

In other words, the personal representative of your brother's estate can continue the lawsuit to its conclusion. Any money awarded would go to your brother's estate and would be distributed according to his will. To continue the lawsuit or enforce the settlement, the personal representative simply needs to file a motion with the court (or have a lawyer file the motion).

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