David R. Hartwig, ESQ.
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Probate estate personal representative can sue herself - Bagley v. Bagley

In a probate estate matter, the Utah Supreme Court has ruled that a personal representative can, acting in her personal capacity, sue herself as the personal representative for damages. The case is Bagley v. Bagley.


The probate case is somewhat convoluted, in that Ms Bageley sought, as an individual heir, to obtain damages for the death of her common-law husband, a negligent death that she caused. The case involved Utah's wrongful death statute, § 78B-3-106 and the survival action statute § 78B-3-107.


The Utah Supreme Court held that the wrongful death statute and the survival action statute allow a person to act as an heir or personal representative to sue him or herself as an individual defendant for damages.

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