Does a personal representative have a fiduciary duty to stand in the position of the estate of the deceased?

California, United States of America


The following excerpt is from Monschke v. Timber Ridge Assisted Living, LLC, 197 Cal.Rptr.3d 921, 244 Cal.App.4th 583 (Cal. App. 2016):

Adams v. Superior Court, supra, 196 Cal.App.4th at p. 77, 126 Cal.Rptr.3d 186.) A personal representative of the estate does not technically represent any or all of the heirs in the proceedings, but the personal representative does act as the heirs' fiduciary. (Id. at pp. 7778, 126 Cal.Rptr.3d 186.) Thus, while a personal representative's interests may not directly align with the interests of any particular heir, the personal representative's duty is to stand in the position of the heirs, not the decedent.

Other Questions


When a personal representative is substituted as a party to a personal injury action, is the personal representative required to present a claim under section 709 of the California Motor Vehicle Act? (California, United States of America)
Can a plaintiff in a personal representative action succeed as personal representative of the deceased? (California, United States of America)
Does a personal representative have any power to administer the estate if a person dies intestate? (California, United States of America)
What is the test for determining whether a beneficiary of a deceased person can sue for damages against the deceased's estate? (California, United States of America)
Can an attorney for a corporation who represents the corporation in their representative capacity, not personally, obtain personal information from an officer? (California, United States of America)
Does a plaintiff have standing to bring an elder abuse claim against the trustee of the Estate of the deceased's estate? (California, United States of America)
What is the test for a claim against the personal representative of a deceased person for equitable indemnity? (California, United States of America)
What is the test for maintaining a personal representative's personal will in a personal injury case? (California, United States of America)
Can a plaintiff in a personal injury action against the executrix of a deceased's estate testify before the death of the deceased? (California, United States of America)
What is the maximum term a person may be committed to a state hospital based on a determination that the person is mentally incompetent to stand trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.