§3-712. Improper exercise of power; breach of fiduciary duty
If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of the personal representative's fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a personal representative must be determined as provided in sections 3‑713 and 3‑714. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
Structure Maine Revised Statutes
Article 3: PROBATE OF WILLS AND ADMINISTRATION
Part 7: DUTIES AND POWERS OF PERSONAL REPRESENTATIVES
18-C §3-701. Time of accrual of duties and powers
18-C §3-702. Priority among different letters
18-C §3-703. General duties; relation and liability to persons interested in estate; standing to sue
18-C §3-704. Personal representative to proceed without court order; exception
18-C §3-705. Duty of personal representative; information to heirs and devisees
18-C §3-706. Duty of personal representative; inventory and appraisal
18-C §3-707. Employment of appraisers
18-C §3-708. Duty of personal representative; supplementary inventory
18-C §3-709. Duty of personal representative; possession of estate
18-C §3-710. Power to avoid transfers
18-C §3-711. Powers of personal representatives; in general
18-C §3-712. Improper exercise of power; breach of fiduciary duty
18-C §3-713. Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions
18-C §3-714. Persons dealing with personal representative; protection
18-C §3-715. Transactions authorized for personal representatives; exceptions
18-C §3-716. Powers and duties of successor personal representative
18-C §3-717. Corepresentatives; when joint action required
18-C §3-718. Powers of surviving personal representative
18-C §3-719. Compensation of personal representative