Improper exercise of power; breach of fiduciary duty. 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. (June 24, 1980, D.C. Law 3-72, § 101, 27 DCR 2155.) Prior Codifications 1981 Ed., § 20-743.
District of Columbia Legal Code