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2017 Montana Code Annotated
TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS
CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION
Part 6. Personal Representative Powers, Duties, and Compensation
72-3-616. Improper exercise of power -- breach of fiduciary duty
Universal Citation: MT Code § 72-3-616 (2017)
72-3-616. Improper exercise of power -- breach of fiduciary duty. (1) If any 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.
(2) The rights of purchasers and others dealing with a personal representative must be determined as provided in 72-3-615 and 72-3-618.
History: En. 91A-3-710 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-710; amd. Sec. 2358, Ch. 56, L. 2009.
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