District of Columbia Statutes

§ 20-743 — Improper exercise of power; breach of fiduciary duty.

District of Columbia·Title 20 Probate and Administration of Decedents’ Estates. [Enacted title]·Ch. 7 Administration of the Estate.·Subch. V Powers of Personal Representative.
If any personal representative’s exercise of power concerning the estate is improper, such representative is liable for breach of fiduciary duty to interested persons for resulting damage or loss to the same extent as a trustee of an express trust. The exercise of power in violation of a Court order, or contrary to the provisions of the will may be a breach of duty. The rights of purchasers and others dealing with a personal representative are determined as provided in section 20-744 and are not necessarily affected by the fact that the personal representative breached a fiduciary duty in the transaction.

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Related

Godette v. Estate of Cox
592 A.2d 1028 (District of Columbia Court of Appeals, 1991)
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In Re Estate of King
769 A.2d 771 (District of Columbia Court of Appeals, 2001)
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Rearden v. Riggs National Bank of Washington
677 A.2d 1032 (District of Columbia Court of Appeals, 1996)
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In Re Estate of Hines
715 A.2d 116 (District of Columbia Court of Appeals, 1998)
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In re Estate of Brown
930 A.2d 249 (District of Columbia Court of Appeals, 2007)
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Hines v. Burke
715 A.2d 116 (District of Columbia Court of Appeals, 1998)
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In Re Estate of Bernstein
3 A.3d 337 (District of Columbia Court of Appeals, 2010)
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Legislative History

June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155

Nearby Sections

15
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