In order to be a personal representative often a Court will require an individual to put up a bond if the person cannot put up the bond they will require leave of court to determine an alternative means of security. In a 2015 case out of Ohio Corsaro v. Weston Hurd resulted from the breakdown of what happened when a bond could not be posted. Importantly it notes the importance of keeping up with your will contests and other claims in Florida Probate Courts.
- In December 2005, an attorney at Corsaro, prepared a will for a terminally ill patient named Albert Franz (“Franz”). Per Franz’s instructions, Long prepared the will to bequeath the majority of Franz’s assets to his neighbors Branko and Robin Prodanovic. In January 2006, Franz passed away, and Branko Prodanovic (“Prodanovic”) was appointed the executor of Franz’s estate.
- After Franz’s death, Prodanovic discovered that Franz had undisclosed wealth in excess of $1,000,000. Prodanovic hired Corsaro to administer Franz’s will.
- Prodanovic was unable to post the bond necessary to serve as executor of Franz’s estate. Corsaro obtained leave from the probate court to make a deposit in lieu of posting a bond. Prodanovic deposited funds in a custodial savings account at FirstMerit Bank.
- Franz’s relatives filed a will contest and named the Prodanovics as defendants. Appellees defended the Prodanovics in the will contest, and in January 2008, appellees took over the administration of Franz’s estate.
- In February 2009, appellees filed a legal malpractice action against Corsaro alleging that they negligently administered Franz’s estate by failing to deposit the bond money into an account bearing a higher interest rate.
On March 14, 2014, Corsaro filed an action and alleged a single count of abuse of process. In its complaint, Corsaro alleged that although appellees determined sometime after June 2011 that they would no longer pursue the underlying legal malpractice action, they did not dismiss the action and allowed the case to remain on the court’s active docket for over two years. Corsaro said that although the claim may have been grounded at one point it was no longer.
The Court found these claims to have merit and allowed Corsaro to proceed In action for money damages.
- Now this law firm can be on the hook for what is the Ohio equivalent of malicious prosecution they could even have to pay punitive damages which can get expensive.
- Had these been individuals and not law firms the responsibility is the same. If you are involved in a lawsuit and you think it was settled, make sure, check online (its free) because if your attorney forgot to file some paperwork you may be looking at a malicious prosecution case in Florida.
- Keep in mind the party who has an open law suit against them has reason to be mad, this can effect their ability to sell property, get credit etc because of the open claim and if you said you were dismissing it, time is of the essence.