pjc-family-2024-lib

PJC 232.4

B REACH OF D UTY BY P ERSONAL R EPRESENTATIVE

4. [ Element 2 ] that, in reasonable probability, will be sustained in the future. Answer: _______________ PJC 232.4B Actual Damages for Breach of Duty by Personal Representative—Direct If you answered [“Yes”] [“No”] [ see comment ] to Question _____, then answer the following question. Otherwise, do not answer the following ques tion. QUESTION ______ What sum of money, if any, if paid now in cash, would fairly and reasonably compensate the estate for damages, if any, resulting from the conduct inquired about in Question _____ [ PJC 232.1 or 232.2 (breach of duty) ]? Consider the following elements of damages, if any, and none other. 1. Any loss or depreciation in value of the estate. 2. Any profit made by PERSONAL REPRESENTATIVE. 3. [ Other applicable elements of direct damages. ] Consider each element separately. Do not add any amount for interest on damages, if any. Answer separately in dollars and cents for damages, if any. 1. [ Element 1 ] Answer: _______________ 2. [ Element 2 ] Answer: _______________ COMMENT Wording conditioning instruction. This PJC is predicated on a finding of breach of fiduciary duty: a “Yes” answer to PJC 232.1 (breach of duty by personal representa tive—other than self-dealing) or a “No” answer to PJC 232.2 (breach of duty by per sonal representative—self-dealing).

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