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AL HB25
Bill
Status
3/9/2017
Primary Sponsor
Jim Hill
Click for details
AI Summary
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Amends Sections 26-3-13 and 43-2-82 of the Alabama Code to modify liability standards for judges of probate regarding bonds from conservators and personal representatives.
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Changes the judge's liability from "any neglect or omission" to only situations where the judge's conduct was "wanton, fraudulent, or intentional misconduct" when failing to take or take sufficient bonds.
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Applies the heightened liability standard to bonds required from conservators, executors, administrators, personal representatives, fiduciaries, and those serving in similar capacities.
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Allows injured parties to maintain actions against the judge and their sureties to recover damages for provable injuries.
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Becomes effective on the first day of the third month following passage and gubernatorial approval or otherwise becoming law.
Legislative Description
Judge of probate, liability for taking bond or insufficient bond from conservator or personal representative, not liable unless conduct wanton, fraudulent or intentional, Secs. 26-3-13, 43-2-82 am'd.
Judge, Probate
Last Action
Pending third reading on day 18 Favorable from Judiciary
4/13/2017