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06-14-2009, 02:52 PM
| | Junior Member | | Join Date: Jun 2009
Posts: 19
| | | pr liability
What is the name of your state (only U.S. law)? ky. I am pr with powers of sole discretion without court interferance during executorial process . I have paid out most of the estate.I am now being sued in circuit court.I read a kentucky law that says thepersonal representative shall be liable for all that comes into his hands but the judgement of the court can only find him liable for what remains in his hands undistributed. Can this law be overridden? Seems my other powers have been ignored. |
06-14-2009, 11:36 PM
| | Senior Member | | Join Date: Mar 2006
Posts: 6,981
| | | Time for an attorney. You can be required to make up for all errors and, if the error was a breach of fiduciary duty, you can suffer additional penalties as well. Estates are hard and being a pr can be complex. It is clear from your posts you are in over your head and need expert assistance. The internet is not going to help.
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When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it.
--W. T. Pooh (aka A. A. Milne) |
06-15-2009, 12:05 AM
| | Member | | Join Date: Apr 2009
Posts: 774
| | | It seems rather odd to me that someone that “thinks” they know enough about Kentucky probate laws to take on the solemn fiduciary responsibilities of a PR would be asking strangers for legal help! (Have you checked with the postman? The cable guy?)
Apparently your ill advised effort to fly by the seat of your pants, picking up bits and pieces as you go along has already resulted in one crash and burn!
Trying to learn complex probate law and procedure from reading the Kentucky Code on Descent, Wills and Administration and groping around in the Internet is about a sensible as trying learn medicine from wandering hospital corridors and reading patient’s charts.
Swallow your pride for crying out loud and hire a competent professional before you completely bury yourself! The PR’s attorney fees don’t come out of your pocket. |
06-15-2009, 06:19 AM
| | Junior Member | | Join Date: Jun 2009
Posts: 19
| | | Evidently my questions are too hard for you. Why don<t you ask an attorney and then come back and answer my questions. |
06-15-2009, 07:05 AM
| | Senior Member | | Join Date: Feb 2002 Location: Bikini Atoll
Posts: 5,618
| | Quote:
Originally Posted by missmartha  Evidently my questions are too hard for you. Why don<t you ask an attorney and then come back and answer my questions. | The replies you received came from two different attorneys.
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It's no wonder that truth is stranger than fiction. Fiction has to make sense. ~ Mark Twain |
06-15-2009, 01:48 PM
| | Junior Member | | Join Date: Jun 2009
Posts: 19
| | | so the only advice i will get here is to get an attorney. why don,t they rename it lawyer referral forum. |
06-15-2009, 02:08 PM
| | Senior Member | | Join Date: Nov 2000
Posts: 1,095
| | Quote: |
so the only advice i will get here is to get an attorney.
| Yes. When appropriate, the only truly helpful advice is to get a lawyer. Would you expect a medical advice board to provide you with all the medical assistance that you need without ever saying "Get thee to a doctor!"? Look around and you'll find plenty of legal advice provided on these forums, where appropriate. Quote: |
why don,t they rename it lawyer referral forum.
| Because this is NOT a lawyer referral forum. Duh. |
06-15-2009, 02:44 PM
| | Senior Member | | Join Date: Mar 2006
Posts: 6,981
| | It's difficult to "advise" someone who cannot understand simple language.
To the question: Quote: |
I read a kentucky law that says thepersonal representative shall be liable for all that comes into his hands but the judgement of the court can only find him liable for what remains in his hands undistributed. Can this law be overridden?
| I responded: Quote: |
You can be required to make up for all errors and, if the error was a breach of fiduciary duty, you can suffer additional penalties as well.
| For those who are challenged, that means *yes*.
Estates are a lot harder then reading paragraphs.
__________________
When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it.
--W. T. Pooh (aka A. A. Milne) |
06-15-2009, 03:25 PM
| | Senior Member | | Join Date: Feb 2002 Location: Bikini Atoll
Posts: 5,618
| | Quote:
Originally Posted by missmartha so the only advice i will get here is to get an attorney. why don,t they rename it lawyer referral forum. | Sorry, we do not provide lawyer referrals. However, at the top of the pages you'll find a link to that states "Find An Attorney In Your Area". Just select a topic and a state.
Due to your dissatisfaction with the replies, I suggest you request a refund for your membership here.
__________________
It's no wonder that truth is stranger than fiction. Fiction has to make sense. ~ Mark Twain |
06-17-2009, 11:54 AM
| | Junior Member | | Join Date: Jun 2009
Posts: 19
| | | Ive already lost 40k on attorney.I was hoping to get enough info here to make an educated offer during discovery and avoid litigation. | |
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