Montana § 72-3-616 Improper Exercise Of Power -- Breach Of Fiduciary Duty

Montana Statutes

§ 72-3-616 — Improper Exercise Of Power -- Breach Of Fiduciary Duty

Montana § 72-3-616

Title 72ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

Ch. 3UPC -- PROBATE AND ADMINISTRATION

Part 6Personal Representative Powers, Duties, and Compensation

This text of Montana § 72-3-616 (Improper Exercise Of Power -- Breach Of Fiduciary Duty) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 72-3-616 (2026).

Text

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 .

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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.
(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 .