Alabama § 43-2-840 Improper Exercise of Power; Breach of Fiduciary Duty

Alabama Statutes

§ 43-2-840 — Improper Exercise of Power; Breach of Fiduciary Duty

Alabama·Title 43 Wills and Decedents’ Estates·Ch. 2 Administration of Estates·Art. 20 Probate Procedure Act

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 shall be determined as provided in Sections 43-2-841 and 43-2-842.

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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 shall be determined as provided in Sections 43-2-841 and 43-2-842.

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