2006 New York Code - Liability of the personal representative for claims arising out of the administration of the estate

 
  § 11-4.7 Liability of the personal representative for claims arising out
             of the administration of the estate
    (a)   Unless   otherwise   provided   in   the  contract,  a  personal
  representative is not individually liable on a contract properly entered
  into in his fiduciary capacity in the course of  administration  of  the
  estate  unless  he  fails  to  reveal  his  representative  capacity and
  identify the estate or trust in the contract.
    (b) A personal representative is individually liable  for  obligations
  arising  from  ownership or control of the estate or for torts committed
  in the course of administration of the  estate  only  if  he  failed  to
  exercise reasonable care, diligence and prudence.
    (c)   Claims   based   on   contracts   entered  into  by  a  personal
  representative in his fiduciary capacity, on  obligations  arising  from
  ownership  or  control of the estate or on torts committed in the course
  of  estate  administration  may  be  asserted  against  the  estate   by
  proceeding   against   the  personal  representative  in  his  fiduciary
  capacity, whether or not the  personal  representative  is  individually
  liable therefor.
    (d)  In  any  case  where liability is found against the estate as the
  result of an action or proceeding brought under subdivision (c),  issues
  of liability as between the estate and the personal representative shall
  be  determined  in  an accounting proceeding brought pursuant to section
  twenty-two hundred five of the surrogate's court procedure act.
    (e)(1) For the purposes of this paragraph: (i) the  term  "act"  shall
  mean the federal air transportation safety and system stabilization act,
  public  law  107-42,  as  amended;  (ii)  the term "fund" shall mean the
  September  eleventh  victim  compensation  fund  of  two  thousand   one
  established  pursuant  to  title  IV  of  the  act;  and  (iii) the term
  "personal representative" shall have the same meaning as that  term  has
  pursuant  to  section 104.4 of title twenty-eight of the code of federal
  regulations.
    (2) Notwithstanding any other provision of law to  the  contrary,  any
  person  who  serves  as  the  personal representative of a victim of the
  terrorist attacks on September eleventh, two thousand one, and who files
  a claim with the fund, shall have no liability to any  person  resulting
  from  any  actions  taken  reasonably  and  in good faith under the act,
  including but not limited to: (i) the submission  or  prosecution  of  a
  claim  to  the  fund;  (ii) a decision not to submit such a claim, or to
  withdraw a claim previously submitted; (iii) the waiver pursuant to  the
  act  of the right to file a civil action (or to be a party to an action)
  in any federal or state court for damages sustained as a result  of  the
  terrorist  attacks;  (iv)  the  failure to identify or locate any person
  designated for receipt of notice under subdivision (b) of section  104.4
  of  title twenty-eight of the code of federal regulations, provided that
  the personal representative made a reasonable and good faith  effort  to
  identify  and  locate such person; or (v) the payment or distribution of
  any award received  from  the  fund  in  accordance  with  any  plan  of
  distribution  that  has  been  submitted  to and approved by the special
  master appointed under the act.
    (3) Notwithstanding any other provision of law to the contrary, or any
  restrictions set forth in letters relating to any decedent who dies as a
  result of wounds or injury incurred as a result of the terrorist attacks
  on September eleventh, two  thousand  one,  a  duly  appointed  personal
  representative  is  authorized  to  file  and prosecute a claim with the
  fund, and the filing of such a claim for an award from the fund, and the
  resulting compromise of any cause of action pursuant to the  act,  shall
  not  violate  any  restriction  on  the  powers  granted to the personal
  representative relating to the prosecution or compromise of any  action,
  the collection of any settlement, or the enforcement of any judgment.