.... CONNOLLY, J. SUMMARY The personal representative of David D. Schekall's estate appeals the district court's order granting the appellees' motion for summary judgment. David and a passenger were killed in an automobile accident. The personal representative sued Randy S. Bauer and the Randy Bauer Insurance Agency, Inc. (collectively Bauer), for breach of...of law is whether the personal representative has stated a valid cause of action. We recognize a breach of contract action for "failure to procure" for claims against a broker acting on behalf of an...reach that issue. Instead, we reverse the district court's summary judgment to resolve a factual issue. We first identify the cause of action alleged by the personal representative: breach of...

...Representative. We reverse. The issues are restated as follows: 1. Did the District Court err in issuing the Decree of Distribution? 2. Did the District Court err in appointing Paul Melvin as personal representative of the estate? 3. Did the personal representative breach his...representative. Therefore, we decline to rule on the issue whether the District Court erred in appointing Paul Melvin as personal representative for the estate of Robert E. Melvin. III. Did the personal representative breach his...Probate and Appointment of Personal Representative and was appointed as personal representative of the estate of Robert E. Melvin. Appellant, Carol A. Reeves (Reeves), claims that she was under the...

.... [6] Wills — Attorney Malpractice — Personal Representative's Attorney — Duty — Successor Personal Representative. An attorney hired by a personal representative of an estate does not owe a duty of care to the successor personal representative of the estate. ANDERSEN, C.J., concurs in the result only. GUY, J. Respondent Russell Trask filed a legal malpractice action against Petitioner Richard Butler claiming professional negligence, breach of...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 estate's best interest. In re Estate of Larson, 103 Wn.2d at 520. If the personal representative's conduct falls below this standard, the estate beneficiaries may bring a cause of action against the personal representative for breach of..., 78 Wn.2d 934, 942, 481 P.2d 438 (1971); RCW 11.96.060. By directing estate beneficiaries to file suit against the personal representative for breach of...

...successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within 6.... PER CURIAM Ava B. Cunningham, personal representative of the Estate of Avis B. Sprowl, appeals from a judgment entered in the Knox County Probate...Court (Emery, J.) (1) granting a summary judgment in favor of David Sprowl, personal representative of the Estate of Ernest O. Sprowl and (2) denying, as time barred, her petition to surcharge David...

...: Executors and Administrators: Damages. An action to surcharge a personal representative may be brought to recover losses to an estate for an alleged breach of fiduciary duty by the personal...representative. The measure of damages is the monetary damage to the estate caused by the personal representative's breach of fiduciary duties. 6. Pleadings: Courts: Jurisdiction. When the pleadings or...), this court held that the county court has jurisdiction to review and discipline a personal representative for breach of fiduciary duties until there has been full compliance with all judgments, orders...

..., 534 N.W.2d at 739. Finally, these courts reason that the personal representative owes the beneficiaries under a will a duty to act in the best interests of the estate, and where the personal representative's conduct falls below the standard of care the beneficiaries may sue the personal representative for breach of...suit against the personal representative for breach of fiduciary duty, we properly place the emphasis of estate decisionmaking upon the correct individual — the personal representative...beneficiaries would be permitted to sue the personal representative for breach of fiduciary duty and the personal representative in turn could sue his or her negligent attorney for malpractice. Ferguson, 116 Md. App. at 110-11, 695 A.2d at 608. We agree. Under § 7-403, "[i]f the exercise of power concerning the estate is improper, the personal representative is liable for breach of...

...damages, pursuant to section 733.609, Florida Statutes (1993), for breach of fiduciary duty by the personal representative (count II). After a non-jury trial, the trial court entered final judgment in.... If the exercise of power concerning the estate is improper or in bad faith, the personal representative is liable to interested persons for damage or loss resulting from a breach of...award taxable costs as in chancery actions, including attorney's fees. First, we hold that a personal representative does not breach his fiduciary duty by opposing...

...exist in this matter." The court entered an agreed order dismissing the objection to probate. Several months later Gold filed a petition to remove Bankier as personal representative for breach of... MARCIA GOLD, Appellant, v. M. ADAM BANKIER, as Personal Representative of the ESTATE OF DORIS REINFELD, and CINDY SCHNUR, Appellees. Case No...grounds regarding the execution of the will and undue influence. Although the objection was later withdrawn, the daughter/beneficiary moved to remove the personal representative of the estate on the...

...breach of fiduciary duty. 11. Decedents' Estates: Executors and Administrators: Damages: Proof. A beneficiary or designee seeking a surcharge against the personal representative for conversion, damage, or loss of estate property has the burden of proving that (1) a fiduciary duty was breached, (2) the breach of...portion of the Nebraska Probate Code, Neb. Rev. Stat. § 30-2473 (Reissue 2016), provides that "the personal representative is liable to interested persons for damage or loss resulting from breach of..., supra note 11. See, also, 31 Am. Jur. 2d Executors and Administrators § 847 (2012) (stating generally that court may surcharge personal representative for breach of duty...

...Massee for legal malpractice, and First Bank for breach of fiduciary duty by a personal representative. ML L and Massee moved for summary judgment on the ground that the six-year statute of limitations governing a legal malpractice action had run. First Bank moved for summary judgment on the ground that the six-month statute of limitations governing a claim of breach of...to First Bank, finding the six-month statute of limitations for breach of fiduciary duty by a personal representative was applicable, and that it expired six months after First Bank's discharge as...). II. Breach of Fiduciary Duty — First Bank The statute of limitations on proceedings against a personal representative for breach of fiduciary duty...

...personal representative may be removed for cause under Minn. Stat. § 524.3-611 (2022), but such removal does not discharge the personal representative from liability for transactions or omissions occurring before removal. II. Unless a claim against a personal representative for breach of...respondent as personal representative "noted [the] breaches of [respondent's] fiduciary duties and put interested parties on notice that the statute of limitations for breach-of...of power concerning the estate is improper, the personal representative is liable to interested persons for damages or loss resulting from breach of fiduciary duty to the same extent as a trustee of an...

...representatives of the estate. This contention is without merit. OCGA § 53-7-5 (b) (1) through (4) delineate grounds for holding a personal representative of an estate liable for a breach committed...by another personal representative. The probate court is not prohibited, however, from holding the one who committed or individually benefitted from the breach primarily liable...

...affect or prevent any proceeding brought to establish liability of the decedent or the personal representative for which he or she is protected by liability insurance. 8. Decedents' Estates: Claims: Time. A claimant may proceed against a personal representative for breach of...representative for which he or she is protected by liability insurance. § 30-2485(c)(2). (ii) Other Miscellaneous Sections Neb. Rev. Stat. § 30-24,119 (Reissue 1995) imposes limitations on a claimant's ability to proceed against a personal representative. A claimant may proceed against a personal representative for breach of...allow a claim to be presented through instituting proceedings against a personal representative after the personal representative has been discharged is § 30-24,119, which allows a claimant to present a claim against the personal representative for breach of...

...dismissed because of the unmet requirement of section 733.615. Appellees point out that according to section 733.609, Florida Statutes (1983), a personal representative is liable to interested persons for damage or loss resulting from breach of...estate is improper or in bad faith, the personal representative is liable to interested persons for damage or loss resulting from a breach of his fiduciary duty to the same extent as a trustee of an...of section 733.609 makes "the personal representative . . . liable to interested persons for damage or loss resulting from a breach of his fiduciary duty to the same extent as a trustee of an express...

...former administrator has a right to sue the bondsman and the former administrator or his personal representative for breach of the statutory bond, and since the cause of action by the administrator..., an action may be maintained against his personal representative or against him, as the case may be, and the surety on his bond, to recover the amount due by him to the estate of his intestate, by one..., 9 S.E. 430. The failure to account for and to pay such amount is a breach of the statutory bond, C.S., 33. In such case, the cause of...

...action against a personal representative for breach of a fiduciary duty. We only note that the appellants have not sought that relief in the trial court. 1. Section... WILLIAM F. SULLIVAN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARIA LUISA ALANIZ, DECEASED, ON BEHALF OF THE ESTATE OF MARIA LUISA ALANIZ, DECEASED, AND ON BEHALF OF.... William F. Sullivan, as personal representative of the estate of Maria Luisa Alaniz, deceased, on behalf of the estate of Maria Luisa Alaniz, deceased, and on behalf of Saul Alaniz, the surviving spouse...

...consistent with the best interests of the estate. Section 30.1-18-12, N.D.C.C. [U.P.C. § 3-712], provides that the personal representative is liable to interested persons for damage or loss resulting from a breach of...), N.D.C.C. (U.P.C. § 1-102(b)(3)], if the county court could review the personal representative's actions and the compensation paid by the personal representative but could not hold the personal representative liable to the estate for losses for a breach of.... 1988). We hold that the foregoing statutory scheme gives the county court jurisdiction to review allegations of breach of fiduciary duty by the personal representative and...

...attach to the liability of a personal representative for breach of fiduciary duty. Section 15-12-1005 provides: "Unless previously barred by adjudication and except as provided in the closing statement..., the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same.... Kenneth C. Groves, for Jo Ann M. Snyder, as Personal Representative of the Estate of Seymour Roderick Snyder, and Individually, and as...

...previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of...the will. Dinsmore also appeals the court's refusal to except from the statute of limitations an action against her stepfather as personal representative of the estate. The estate of the now-deceased...her home in Castine, named her husband Dr. Robert B. O'Connor as the personal representative of her estate. She had four daughters by her first marriage, and the will bequathed her tangible personal...