lilypadfrog
9:44
Warning
Info
Warning
Info
LSDefine
Simple English definitions for legal terms
discharge (of personal representative)
Read a random definition: legem ferre
A quick definition of discharge (of personal representative):
Discharge (of Personal Representative): When someone is chosen to be in charge of a person's estate after they pass away, they are called a personal representative. When their job is done, they can ask the court to release them from their duties. This is called a discharge. Once they are discharged, they don't have to do anything else for the estate. People can't sue them for anything they did while they were the personal representative, unless they did something really bad like lie or steal. If someone wants to sue them for that, they have to do it within a year of the discharge. In some cases, people can still sue the personal representative even after they are discharged if they didn't do their job right.
A more thorough explanation:
Definition: Discharge of a personal representative is a court order that releases the representative from their duties. This order operates as a bar to any lawsuits against the representative, except for suits based on mistake, fraud, or willful misconduct. However, these suits must be filed within one year from the date of discharge.
In Indiana, when a personal representative is discharged, they are released from their duties. They cannot be sued, except for suits based on mistake, fraud, or willful misconduct. These suits must be filed within one year from the date of discharge.
In Nebraska, you cannot bring a claim against an estate by suing a former personal representative who has been discharged and whose appointment has been terminated. However, you can sue a personal representative after they have been discharged if the suit is for breach of fiduciary duty.
These examples illustrate that discharge of a personal representative means that they are released from their duties and cannot be sued, except for certain circumstances. This protects the personal representative from being held responsible for any mistakes or misconduct that may have occurred during their time as a representative.