Can I sue on behalf of a deceased person for the estate? If an affair occured and was just found out?

I concur with Attorney Brady.

I agree with the answers herein on the assumption that the executor wants to take action. If an executor does not want to take action, a beneficiary may have remedies to force the executor to do so.

I suspect that you mean that it has just been discovered that the widower was having an affair and that his wife has now passed. Generally, the estate of the deceased may sue for things to which the deceased was entitled, while living. For example, if the deceased was owed a sum a money by someone, the estate may sue to collect it. These suits "survive" the death. I suspect that you mean that the widower is inheriting most, if not all of his late wife's estate. it is difficult to see how, "His 2 children's homes and livelihoods are at risk of being lost due to his affair while his wife was dying of cancer." Still, assuming that the estate (probably controlled by the widower as executor or administrator, anyway) wished to sue either the widower or the paramour, I fail to see the basis for the suit. if it is for "alienation of affections," such suits are not permitted in New Jersey and are dismissed out of hand. If, there was some "wasting" of the deceased wife's assets on the paramour and the widower is the sole beneficiary and executor, (as is typical), he would have to sue himself. If there was some financial defalcation by the widower and the children were present and direct beneficiaries of the deceased wife (as opposed having merely an expectancy of inheritance upon the passing of their father), the children could have a suit against their father for wasting the assets of their now deceased mother. Its a real stretch in most instances as usually the property of most husbands and wives is joint entitling each to use it as they please and see fit. These are guesses because your post does not provide enough information.

The executor of the deceased person's estate has the right to sue on behalf of the estate for monies that are owed or for torts (such as injuries in an auto accident caused by someone else).