Continuance of proceedings: legal representatives face liability for the deceased's statutory debts and pending recovery actions continue against the estate. A legal representative is liable for sums the deceased would have owed, with penalty liability only if imposed before death. Ongoing or potential proceedings for disgorgement, refund or recovery (excluding penalty proceedings) against the deceased may be continued against or initiated against the legal representative. A legal representative who, while liability remains undischarged, charges, disposes of or parts with estate assets becomes personally liable, but that personal liability and overall representative liability are limited to the value of the asset affected and to the extent the estate can meet the liability.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Continuance of proceedings: legal representatives face liability for the deceased's statutory debts and pending recovery actions continue against the estate.
A legal representative is liable for sums the deceased would have owed, with penalty liability only if imposed before death. Ongoing or potential proceedings for disgorgement, refund or recovery (excluding penalty proceedings) against the deceased may be continued against or initiated against the legal representative. A legal representative who, while liability remains undischarged, charges, disposes of or parts with estate assets becomes personally liable, but that personal liability and overall representative liability are limited to the value of the asset affected and to the extent the estate can meet the liability.
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