Define: Eadem Persona Cum Defuncto

“Eadem persona cum defuncto” is a Latin term that translates to “the same person as the deceased.” It refers to the legal principle that when a person dies, their legal rights and obligations are transferred to their personal representative or executor.

The personal representative or executor is the individual appointed by the deceased person in their will or by the court to handle their estate. This person is responsible for managing the deceased person’s assets, paying off debts, and distributing the remaining assets to the beneficiaries.

The personal representative or executor has various responsibilities, including identifying and collecting the deceased person’s assets, paying off any outstanding debts or taxes, filing necessary legal documents, and distributing the remaining assets to the beneficiaries according to the terms of the will or applicable laws.

Generally, the personal representative or executor is not personally liable for the deceased person’s debts. However, they are responsible for using the deceased person’s assets to pay off any outstanding debts before distributing the remaining assets to the beneficiaries.

Yes, the personal representative or executor has the authority to make legal decisions on behalf of the deceased person’s estate. They can enter into contracts, sell assets, and take other necessary actions to manage and distribute the estate.

In certain circumstances, the court may remove or replace a personal representative or executor if they are not fulfilling their duties or if there is evidence of misconduct. This usually requires a formal petition to the court and a hearing to determine if removal or replacement is warranted.

Yes, the personal representative or executor is entitled to reasonable compensation for their services. The amount of compensation is typically determined by state law or the terms of the deceased person’s will.

The personal representative or executor can be held personally responsible for any mistakes or errors that result from their negligence or intentional misconduct. However, if they act in good faith and exercise reasonable care in carrying out their duties, they are generally protected from personal liability.

In most cases, the personal representative or executor should not distribute the assets of the estate until all debts, taxes, and expenses have been paid. Doing so could potentially leave the personal representative or executor personally liable for any outstanding obligations.

Yes, beneficiaries have the right to challenge or contest the actions of the personal representative or executor if they believe there has been a breach of fiduciary duty, fraud, or other misconduct. This typically involves filing a petition with the court and presenting evidence to support their claims.