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Citation. 486 Pa. 295
Brief Fact Summary. Appellant Administratix, Ellen Kurkowski Simon (Appellant), appeals from a lower court decree, which dismissed her for improper administration of her Testator Husband’s (Testator) estate upon consideration of objections to the final account.
Synopsis of Rule of Law. A testator’s personal representative is under a fiduciary duty to take custody of his estate and administer it with the highest degree of good faith in such a way as to preserve and protect the property for distribution to the proper persons within a reasonable time.
Issue. Is a testator’s personal representative under a fiduciary duty to take custody of his estate and administer it with the highest degree of good faith in such a way as to preserve and protect the property for distribution to the proper persons within a reasonable time?
Held. Yes. A testator’s personal representative is under a fiduciary duty to take custody of his estate and administer it with the highest degree of good faith in such a way as to preserve and protect the property for distribution to the proper persons within a reasonable time. Appellant should have not continued to operate the corporation without the consent of the lower court, in accord with state statutory law. Even if we concede that the statute requiring this authorization was not applicable in this situation, Appellant nevertheless breached her common law fiduciary duty by failing, without the consent of all interested parties, to liquidate the estate for purposes of distribution to Testator’s heirs. Appellant is personally chargeable for the losses incurred by the corporation since the time at which Testator died. The lower court holding is affirmed.
Discussion. An individual charged with administering an estate and serving as a personal representative is required to act with the highest degree of fiduciary duty toward the estate and its interested parties. Courts are always suspect of administrators who act from self-interest and tend to find that these individuals have breached their fiduciary duties.