Henry Robinson Case Study

estions Presented

Whether Henry Robinson should petition for formal probate to be appointed as Successor personal representative?
Whether Henry Robinson should request supervised administration?
Whether Henry Robinson should file a lawsuit against Mr. Jones for breach of fiduciary duty?

II. Short Answer

Yes, Henry Robinson should petition for formal probate or file a lawsuit against Mr. Robinson.

III. Statement of Facts

Charles Smith executed a Last Will and Testament admitted by the probate court as his valid Will after his death. The Will named Ralph Jones as Personal Representative of the estate. The probate court has appointed Mr. Jones as estate Personal Representative. The Will also named Henry Robinson as Successor Personal Representative. Mr. Jones has filed a Petition for Probate and the Information Report with the probate court. Mr. Jones has failed to fulfill certain duties of the personal representative. Mr. Jones has failed to publish notification of Charles Smith death in the local newspaper. Mr. Jones has not notified creditors. Mr. Jones has not posted the surety bond as required. Mr. Jones

Conclusion
There has been no mention if Mr. Jones properly ensured that all necessary bills and obligations have been settled. This is to include but not limited to any expenses associated with the decedent’s funeral but also any expenses incurred in protecting or administering the estate, such as seeking the assistance of professionals like an attorney or accountant.
Mr. Jones failure to adhere to the required duties entitles Mr. Robinson and any other heirs to file a lawsuit against Mr. Jones for breach of fiduciary duty. In his role as personal representative, Mr. Jones owed a statutory and reasonable duty to protect the assets of the estate while trying to wind down the estate, and Mr. Jones breached that duty by failing to exercise due diligence to perform and complete the tasks required of him in the capacity of personal