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To: WhistlingPastTheGraveyard; atlaw

When a guardian is sued in his role as guardian for anything execpt malfeasance doesn't the estate pay the legal fees?


1,142 posted on 03/29/2005 5:35:18 PM PST by MKM1960 (Now I know how Tom Daschle felt: "I'm saddened, deeply saddened")
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To: MKM1960

If a guardian or trustee is sued for acts taken within the scope of authority, then yes, the estate will ordinarily pay the legal fees for defense (depending upon the structure of the estate and the terms of the guardian's or trustee's appointment, which can include non-indemnification provisions).

But of course, lawsuits against guardians and trustees are rarely couched in terms of negligence or simple error in the performance of authorized duties. They usually allege tortious or fraudulent conduct outside the scope of authority (seeking monetary damages against the guardian or trustee individually, as opposed to simple removal).


1,431 posted on 03/30/2005 6:26:58 AM PST by atlaw
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