§3-714. Persons dealing with personal representative; protection
A person who in good faith either assists a personal representative or deals with the personal representative for value is protected as if the personal representative's power was properly exercised. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives that are endorsed on letters as provided in section 3-504, no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection in this section extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection in this section is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries. [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