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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7081
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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Interested in finding out the penalty that can be enforced

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Interested in finding out the penalty that can be enforced when a Personal Represenative repeatedly violates Probate Code.

Thanks for using Just Answer. The penalty can be removal of the personal representative and entering judgment against him/her for money damage done to the estate.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Customer: replied 3 years ago.


In regards XXXXX XXXXX penalties, can that be taken from their bond and/or their portion of proceeds due to them from the estate?

It can be either or both.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Customer: replied 3 years ago.


Is there ever a criminal charge filed? You are being a wonderful help!

There certainly could be. The laws of embezzlement apply to fiduciaries. That would be under the Criminal Code rather than Probate. You might find this information helpful: http://nationalparalegal.edu/willsTrustsEstates_Public/EstateAdministration/PersonalRepresentative.asp

 

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

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