Rule 25 deals with the replacement of a party involved in a legal action.
What happens if a party is not legally replaced under Rule 25? This is in a Probate Case involving an Estate.
Here are the circumstances:
A check was written to a deceased beneficiary, John Jones, of an Estate. The check was endorsed and cashed in the name of John Jones twenty-six days after John Jones death. No other endorsement appeared on the back of the check.
1. If the Administrator KNOWINGLY...