Estate Legal Bill Liability

Summary

In Maryland, if a personal representative is removed for misconduct like perjury, the estate may not be liable for their legal bills. You cannot sue for perjury civilly, but fraud claims are possible if harm is proven. Appeals from Baltimore County Orphans Court can be made to the Circuit Court, requiring a notice of appeal within 30 days and an appellate brief.

Full Conversation

Please type a sample motion citing case law to have the legal bills removed from the estate
Sure, here's a sample motion to have the legal bills removed from the estate:
---
IN THE CIRCUIT COURT FOR [COUNTY], MARYLAND
Estate of [Deceased Name]
Case No. [Case Number]
MOTION TO REMOVE LEGAL BILLS FROM ESTATE
COMES NOW, [Your Name], interested party in the Estate of [Deceased Name], and respectfully moves this Honorable Court to remove all legal bills incurred by [Former Personal Representative's Name] from the estate, and in support thereof states as follows:
*. Background:
- On [Date], [Former Personal Representative's Name] was appointed as the personal representative of the Estate of [Deceased Name].
- [Former Personal Representative's Name] incurred legal bills totaling [Amount] during their tenure as personal representative.
*. Misconduct:
- [Former Personal Representative's Name] has been removed as personal representative due to committing perjury and other acts of misconduct.
- The removal was ordered by this Court on [Date of Removal].
*. Legal Precedent:
- In Maryland, a personal representative is expected to act in good faith and in the best interest of the estate. Misconduct such as perjury is a clear violation of this duty.
- Case law supports that an estate should not be responsible for legal fees incurred due to the personal representative’s misconduct. See *[Relevant Case Law Citation]*.
- In *[Case Name]*, the court held that “[quote from the case law about personal representative misconduct and estate liability].”
*. Relief Sought:
- As a result of the misconduct of [Former Personal Representative's Name], the legal bills incurred by them should not be charged to the estate.
- [Your Name] requests that this Court issue an order removing the legal bills incurred by [Former Personal Representative's Name] from the estate.
WHEREFORE, [Your Name] respectfully requests that this Honorable Court grant this Motion and remove all legal bills incurred by [Former Personal Representative's Name] from the estate of [Deceased Name], and for such other and further relief as the nature of this cause may require.
Respectfully submitted,
[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
---
Make sure to fill in the specific details related to your case. Additionally, consulting with a local attorney to tailor the motion to your specific circumstances and ensure compliance with local court rules is recommended.
Can you sue someone civily for perjury and fraud?
In Maryland, you cannot sue someone civilly for perjury, as it is considered a criminal offense. However, you can sue someone for fraud if you have been directly harmed by their fraudulent actions. Fraud claims typically require proving:
- A false representation made by the defendant.
- Knowledge that the representation was false.
- Intent to deceive.
- Justifiable reliance by the plaintiff on the representation.
- Resulting damages to the plaintiff.
Would you like more information on filing a fraud claim?
Can I appeal a decision in Baltimore County Orphan's Court to a higher court?
Case Rating: *
Yes, you can appeal a decision from the Baltimore County Orphan's Court to a higher court. Typically, appeals from the Orphan's Court are made to the Circuit Court.
Would you like more information on how to file an appeal?
Yes
Case Rating: *
To appeal a decision from the Baltimore County Orphan's Court to the Circuit Court, you generally need to:
- File a notice of appeal in the Orphan's Court within 30 days of the decision.
- Pay any required filing fees.
- Prepare and submit the appellate brief, outlining the errors made in the lower court's decision.
Would you like detailed steps on how to file the appeal, or any specific guidance on the process?
Is committing perjury to open an estate considered fraud?
Case Rating: *
Committing perjury to open an estate can be considered fraud. It involves making false statements under oath, intending to deceive and mislead the court, which can be a basis for a fraud claim. To better understand your situation, could you share if the perjury directly impacted you or the estate?
The perjury permitted the person who opened the estate and was given Personal Representative credentials the opportunity to sue me in civil court. It was later recognized that, according to the will, I was really the lawful Personal Representative.
Case Rating: *
It sounds like you have a complex situation involving potential fraud and perjury. Here are some key points for your case:
- Perjury and fraud can provide grounds for removing a personal representative and potentially recovering damages.
- In Maryland, fraud can be a basis for civil lawsuits if you can prove the necessary elements.
Would you like to know more about the specific steps to file a fraud claim, or do you need further guidance on another aspect of your case?