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Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33063
Experience:  Began practicing law in 1992
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When I asked for a Bond for the executor of my mothers estate,

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When I asked for a Bond for the executor of my mother's estate, the probate judge denied my request. Now, the executor has been removed for cause and there is a malpractice suit against him.
Can the judge be held responsible for his poor judgment?

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

It depends on what you mean by "held liable". They can't be sued due to judicial immunity unless you could prove this was somehow done by the judge for a reason like fraud and that they were aware of and intentionally furthered the plan. You could file a complaint with the judicial commission on ethics against them.

Customer:

Hi, again. Turning down my request for a bond was the first in a slew of bad decisions this judge made in the administration of my mother's estate. I have been vindicated through my appeals to superior court. Everything the probate judge did, and did not do, was in error....as it turned out.

Customer:

I will probably take my gripe to the judicial review board. Thanks.

JD 1992 :

You're very welcome. Did your mother leave a will and, if so, did the will state whether or not the executor needed to post a bond? Also, do you want me to find the website where you would file the complaint?

Customer:

The Will said no bond was necessary because originally I, her daughter, was the executor. She changed her Will 14 years later, and as it turned out, two months before she died to this lawyer as executor. The rest of the Will remained as is. Yes, I would appreciate the website.

JD 1992 :

Be back with you in just a sec. Wait right here if you would.

Customer:

ok

JD 1992 :

The complaint and a downloadable guide to completing the complaint are at http://www.ct.gov/jrc/cwp/view.asp?a=3061&q=384540&jrcNav=|

Customer:

Thanks very much. have a nice day. :)

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