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De Bonis Propriis: A Comprehensive Guide to Its Legal Meaning
Definition & Meaning
The term "de bonis propriis" is a Latin phrase that translates to "of his own goods." In legal contexts, it refers to a situation where an administrator is held personally liable for debts or claims against an estate, using their own assets rather than the estate's assets. This typically occurs when the administrator has mismanaged the estate, leading to a judgment that allows creditors to pursue the administrator's personal property.
Table of content
Legal Use & context
This term is primarily used in civil law, particularly in probate and estate administration cases. It is relevant when an administrator or personal representative fails to fulfill their duties, resulting in financial harm to the estate or its beneficiaries. Users may encounter this term when dealing with legal forms related to estate management, such as petitions for probate or claims against an estate. Legal templates from US Legal Forms can assist in navigating these situations effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An administrator of an estate fails to pay outstanding debts from the estate's funds and instead uses personal funds for other expenses. Creditors may then file a claim de bonis propriis against the administrator to recover the owed amounts from their personal assets.
Example 2: An administrator neglects to file necessary tax returns for the estate, resulting in penalties. The court may allow creditors to pursue the administrator's personal property to satisfy these penalties. (hypothetical example)
State-by-state differences
State
Key Difference
California
California law allows for personal liability in cases of gross negligence by the administrator.
New York
In New York, personal representatives can be held liable for failing to act in the best interests of the estate.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Difference
Executor
A person appointed to administer a will.
Executors manage estate assets; de bonis propriis applies to personal liability.
Administrator
A person appointed by the court to manage an intestate estate.
Administrators can be held liable for mismanagement under de bonis propriis.
Common misunderstandings
What to do if this term applies to you
If you are an administrator facing potential personal liability, consider the following steps:
Review your actions to ensure compliance with your duties.
Consult with a legal professional to understand your rights and obligations.
Explore legal form templates on US Legal Forms to assist with any necessary filings or claims.
If the situation is complex, obtaining professional legal help is advisable.
Find the legal form that fits your case
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