Montana Code 72-3-616. Improper exercise of power — breach of fiduciary duty
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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.
Terms Used In Montana Code 72-3-616
- Fiduciary: A trustee, executor, or administrator.
- Trustee: A person or institution holding and administering property in 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.