Legal Definitions - devastavit

Devastavit refers to a significant breach of duty by an individual responsible for managing a deceased person's estate. This individual, often called a personal representative (such as an executor named in a will or an administrator appointed by a court), has a legal obligation to handle the estate's assets carefully and in the best interests of the creditors and beneficiaries.

A devastavit occurs when the personal representative mismanages or wastes the estate's assets, causing financial harm. This can involve actions like:

• Spending estate funds inappropriately or excessively.
• Misapplying assets for personal gain or unauthorized purposes.
• Failing to protect the estate's value through negligence or inaction.

When a personal representative commits devastavit, they can be held personally liable for the losses incurred by the estate. This means they may have to use their own money to compensate the estate's creditors or beneficiaries for the damage caused.

Examples of Devastavit:

• Example 1: Misappropriation of Funds

  An executor of an estate uses a significant portion of the deceased's bank accounts, which were designated for paying outstanding debts and distributing to heirs, to fund an elaborate personal vacation. They justify it by claiming it was "reimbursement for time spent," despite no such provision in the will or legal authorization.

  This illustrates devastavit because the executor has misapplied estate assets for personal benefit, directly causing a financial loss to the estate and depriving legitimate creditors and beneficiaries of their rightful share.

• Example 2: Negligent Management Leading to Loss

  An administrator is responsible for an estate that includes a rental property. Despite being aware of a leaky roof and several broken appliances, the administrator neglects to arrange for repairs or maintenance for over a year. As a result, the property falls into disrepair, becomes uninhabitable, and its market value significantly decreases, making it difficult to sell or rent, thus reducing the overall value of the estate for the beneficiaries.

  This demonstrates devastavit through negligence. The administrator failed to properly protect and maintain an estate asset, leading to its devaluation and causing financial harm to the estate.

• Example 3: Improper Sale of Assets

  An executor sells a valuable collection of rare coins, which was a significant asset of the deceased's estate, to a close friend for a price far below its appraised market value. The executor did not seek multiple bids or consult with an expert appraiser before the sale, despite being advised to do so by the beneficiaries.

  This is an example of devastavit because the executor failed to administer the estate properly by not obtaining fair market value for an asset, thereby wasting estate resources and causing a substantial financial loss to the beneficiaries.