Does a suit for Alienation of Affection survive death?


#1

My husband and the “other woman” began an affair before he announced his decision to separate and end our 30 year marriage. I now have phone records that document their contact began months before his announcement. He paid for her move out of her own marital home on his business charge card. They leased an apartment and a townhouse together. They were a “visible” couple and traveled together, with no marital separation agreement in place for us.
He died six months into their affair. If there is a 3 year time limit to file suit in NC based on alienation of affection, does the ability to file the legal action survive his death? She is a predatory business professional who owns part of a successful business.
Because of her actions, our marriage never had a chance. He refused to go to counseling and then lied about his assets and actions to his own attorney. Some marital funds and assets are now missing and a few are now pictured on her Facebook page.
Because of her, I lost the last six months of his life, with a man I still loved and now grieve for. Is there legal recourse against this woman?


#2

Your spouse wouldn’t be a party to the lawsuit; so his death does not prevent you from bringing the lawsuit. You would be suing the mistress; you and the mistress would be the parties to the action. As a matter of law, the claim isn’t barred. That being said, he is a key witness who wouldn’t be available, which would make it hard for you to prove your case. Also, his death/unavailability may make a difference in the minds of the jury.