In their Surrogate's Practice and Proceedings column, Colleen F. Carew, a court attorney-referee with the Surrogate's Court, Westchester County, and Gary B. Freidman, a partner with Greenfield Stein & Senior, write: A personal representative duty to ascertain whether a valid debt exists implicates several potentially competing rights - a creditor's right to receive that which is lawfully due, beneficiaries' rights to receive their distributions from estates with reasonable expedition, and the personal representative's right to be protected against personal liability when acting in good faith.
A Fiduciary's Duties to Creditors
New York Law Journal
June 1, 2012
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