...matter of discretion, have permitted payment to be made direct to the statutory distributees of a deceased nonresident legatee without the appointment of an estate representative. ( Matter of Van Kleeck, 95 Misc. 40; Matter of Woodruff, 135 Misc. 203.) In Sultan of Turkey v. Tiryakian ( 162 A.D. 613, affd. 213 N.Y. 429) it was held that although no legal representative...deaths of all of such executors there is no legal estate representative now qualified to act in any of these three estates. And although all...above cited the legatee had died domiciled in a foreign State or country and no legal representative of such deceased legatee had been appointed. In Matter of Van Kleeck ( supra) the...

..."the legal representative" of a decedent's estate (or the estate of an infant or an incompetent) as a citizen of the same state as the decedent, and that is Wisconsin...of federal jurisdiction, and Susan Gustafson appeals. She argues that Georgia Gustafson, as the personal representative under Skille's will, is the sole "legal representative" of the decedent's estate within...there would be no problem with 28 U.S.C. § 1332(c)(2); it would not be a suit by the legal representative of the estate. Susan says that Georgia has refused...

...legal representative shall be deemed sufficient to give Mississippi Court jurisdiction. Sec. 9352-61, Code 1942. 4. Abatement and revival — statute — words "administrator" and "executor". The words "administrator" and "executor" refer to legal representative of an estate, and...capacity. Sec. 9352-61, Code 1942. 5. Abatement and revival — words "or other legal representative of estate". The words "or other legal representative of estate", within..., administrator, or other legal representative of estate signify person or persons acting for benefit of another in a legal or representative capacity as distinguished from one as an individual or in an individual...

...Juliano, the widow of the deceased partner, received an accounting from the defendants upon her claim to be the "legal representative" of the estate of her deceased husband. We find that Marion Juliano...was not the "legal representative" of the deceased partner within the meaning of sections 73 Partnership and 74 Partnership of the Partnership Law. The term "legal representative" for purposes of these sections refers only to the administrator or executor of a deceased partner's estate. (See...representative of the estate of her husband. Further, from an examination of the record we find that no actual accounting ever took place. A partnership accounting encompasses more than supplying tax...

... RHONDA WILSON INDIVIDUALLY, AS REPRESENTATIVE OF ALL WRONGFUL DEATH BENEFICIARIES AND AS HEIR AND THE LEGAL REPRESENTATIVE OF THE ESTATE OF REAVEN WILSON, RICK WILSON..., INDIVIDUALLY, AS REPRESENTATIVE OF THE ESTATE OF RAINI WILSON, AND PAMELA MANN, INDIVIDUALLY, AND AS SURVIVING PARENT OF JUSTIN STOOKSBERRY AND INTERVENORS, THOMAS STEVENSON, INDIVIVUALLY AND AS LEGAL...REPRESENTATIVE OF THE ESTATE OF JENNIFER STEVENSON, DECEASED, AND AS REPRESENTATIVE OF ALL WRONGFUL DEATH BENEFICIARIES, Appellants v. SAM DAVIS, Appellee. No. 01-05-01079-CV...

...becomes whether Plaintiff has sufficiently alleged that he is the legal representative of her estate. Again, construing his complaint liberally, Plaintiff has clearly alleged that he is Mrs. Garrett's...as the surviving spouse. OHIO REV. CODE ANN. § 2105.06(B) (2009). As the sole person entitled to inherit under Ohio intestacy law, Plaintiff is the most appropriate legal representative of the estate. Therefore...to state a claim and REMAND with instructions to the district court to permit Plaintiff to proceed as the legal representative of his wife's estate, to permit the filing of the complaint, and...

...beneficiaries have two preexisting legal procedures to protect their interest in the estate. Foremost, the personal representative owes the beneficiaries of an estate a fiduciary duty to act in the... important to note, attorneys hired by a personal representative are not shielded from legal malpractice by this rule. If an estate attorney negligently advises a personal representative, the...attorney may be liable to the personal representative for any legal malpractice. Second, estate beneficiaries are protected against attorney malpractice or a breach of fiduciary...

... Motion No. 2023-03651 Index No. 656782/21No. 2022-04120 10-03-2023 Maria Tzanakakis, as the Legal Representative of The Estate of..., 2022, And the legal representative of plaintiff-appellant The Estate of Helen Meimaris having moved to be substituted as plaintiff and to renew her prior motion to this Court..., It is ordered that the motion is granted to the extent of substituting Maria Tzanakakis, as legal representative of the Estate of Helen Meimaris, as plaintiff, and amending the caption...

...legal estate representative elects not to press a claim, the beneficiaries may seek leave to maintain their own action to recover the assets to be pursued for the benefit of the estate...representative cannot or will not act); Schaefer v. Schaefer, supra note 14, 278 N.W.2d at 279 (when the legal representative has failed or refused to act, a beneficiary may maintain an action to recover assets for the benefit of the estate). Probate.... Arvest Trust Company, Personal Representative of the Estate of Joseph Odell Bleeker, Deceased, C.D. Bleeker, Connie Dale and Lavena Dale, Appellees. No. 102,936...

...FROST and Mrs. Michael J. Simson, Administratrix and Legal Representative of the Estate of Captain Michael J. Simson, Deceased, Respondents-Appellees. Petition of Mrs. Michael J. SIMSON, Administratrix...and Legal Representative of the Estate of Captain Michael J. Simson, Deceased, Owner of the Motor Boat "One More", for Exoneration From or Limitation of Liability, Petitioner-Appellee... Rose H. BENCEL, Administratrix and Administratrix Ad Prosequendum of the Estate of Thomas Joseph Bencel, Deceased, et al., Libellants-Claimants-Appellants, v. William...

...v. A.W. CHESTERTON COMPANY, et al. EDITH HAYWARD, Legal Representative for the Estate of DELBERT HAYWARD v. A.W. CHESTERTON COMPANY, et al. IAN HUNTER and SCOTT HUNTER, Legal Representative for the Estate of...WILLIAM HUNTER v. A.W. CHESTERTON COMPANY, et al. OSCAR F. LINDBLOOM v. A.W. CHESTERTON COMPANY, et al. STEVEN MATTHIASSON, Legal Representative for the Estate of JOHN MATTHIASSON, Ph.D. v.... A.W. CHESTERTON COMPANY, et al. AUDREY FRANCES MCKEAN, Legal Representative for the Estate of RONALD ARTHUR MCKEAN v. A.W. CHESTERTON COMPANY, et al. SHIRLEY PRESLAND, Legal Representative for the Estate of...

...), "the legal representative of the estate of a decedent shall be deemed to be a citizen only of the same State as the decedent." A legal representative can retain his personal citizenship only if the...the complaint alleges only that Daniels acted improperly as the representative of Hardman's estate. Any potential liability Daniels faces arises out of actions he took as the estate's legal...several grandchildren, including Zakrzewski. In her will, Hardman named Daniels, Leyva, and Zakrzewski beneficiaries of her estate and named Daniels personal representative. Leyva and Zakrzewski sued...

...the case for failure to substitute the proper party within the 90 day period established by Rule 25(a)(1). Weingarten, now representing Barlow's father and acting as legal representative of Barlow's estate, moved...from the personal representative of Barlow's estate. Weingarten disputes this. After the prior appeal was final and the City's writ of certiorari was denied, the City suggested Barlow's death on the...against Barlow's estate until the appropriate representative of the estate is served a suggestion of death in the manner provided by Federal...

...their own right. See 42 U.S.C. § 404(d)(4)-(6). Lastly, if there is no surviving spouse, children, or parents, the legal representative of the beneficiary's estate receives...§ 725.545(c)(4-6). The legal representative of the miner's estate receives payment if no one else is entitled to collect the deceased miner's benefits. See § 725.545(c)(7...). (7) The legal representative of the estate of the deceased individual as defined in paragraph (e) of this section...

...answer on behalf of the estate, waived the error of no legal entity being named. He cites as authority cases in which the personal representative of the estate appeared and participated in the trial. Our...it necessary to address that question. The dispositive question before us is the holding of the trial court that the Estate of Bruce L. Crow was not a legal entity and cannot be...facts are distinguishable. Here, no personal representative made an appearance. There is nothing in the record to show that the attorney was representing the personal representative of the estate...

...Kansas should be deemed a citizen of the same state as the decedent under 28 U.S.C. § 1332(c)(2). That section provides: " the legal representative of the estate of...-1902 is a legal representative of the decedent's estate for purposes of 28 U.S.C. § 1332(c)(2). For the following reasons this Court respectfully...disagrees with Tank and finds that a plaintiff who brings a wrongful death action under that section is not a legal representative of the decedent's estate for purposes of diversity jurisdiction...

...of diversity jurisdiction. See 28 U.S.C. § 1332(c)(2) (stating that "the legal representative of the estate of a decedent shall be deemed to be a...federal diversity statute treats the legal representative of a decedent's estate as a citizen of the same state as the decedent). Accordingly, the Amended Notice of Removal that... 10-31-2012 DEBBY MOORE, as personal representative of the estate of RICHARD STRICLER, deceased, Plaintiff, v. TEXAS ROADHOUSE OF FORT WAYNE, LLC, Defendant...

.... Vogelei appealed the judgment to a panel of this court, arguing that the Estate was not the proper legal representative of Centennial Communications, Inc., and therefore the district court had no subject...appointed legal representative of the Estate, and substitute and amend its judgment if necessary. On remand, the bankruptcy court found that there was a duly appointed legal...the Estate to bring suit in the name of the duly appointed legal representative left the bankruptcy court without subject matter jurisdiction. We find that the issue of subject...

...is not a legal entity which can be a party to legal proceedings. An action by or against an estate must be brought or defended by the legal...representative of the estate. Where the estate's representative dies during the pendency of the litigation, the successor representative must... Estate administration. Troup Superior Court. Before Judge Lee. John D. Rasnick, pro se (case...

...decedent under a state's wrongful death act, such person is acting as the "legal representative" of the estate of the decedent within the meaning of 28 U.S.C...(D.Minn. 1993). 28 U.S.C. § 1332(c)(2) instructs that "the legal representative of the estate of the decedent is deemed to be a citizen only of the same.... The court reasoned that Congress chose the single term "legal representative" as a simple and encompassing term for fiduciaries representing the estate of a decedent or those appointed pursuant to...