clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 1969
Volume 692, Page 58   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

58                                 LAWS OF MARYLAND                           [CH. 3

(c) Notice of authority to exercise. If a personal representative
has been duly authorized to exercise the extended powers contained
in this Section, he shall file with the Court a verified statement to the

effect that he has been so authorized, and such statement shall also

include a specific designation of the numbered clause in subsection
(b) under which he claims such authority.

(d) Withdrawal of authority. At any time during a probate

proceeding, any interested person, including a person who has filed

an authorization pursuant to subsection (b) (2), may make written

application to the Court to revoke any or all of the powers of the

personal representative referred to in this Section. Such application
shall be filed and determined in accordance with the proceeding pro
-
vided in Section 6-301.

7-403 7-402. Court order.

A personal representative may at any time petition the Court for
permission to act in any matter relating to the administration of
the estate.

7-404 7-403. Improper exercise of power; breach of fiduciary duty.

If the exercise of power concerning the estate is improper, the
personal representative shall be liable for breach of his 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 Court order, or contrary to the provisions of the will
may be breaches of duty. The rights of purchasers and others deal-
ing with a personal representative shall be determined as provided
in Section 7-405
7-404 and may not necessarily be affected by the fact
that the personal representative breached his fiduciary duty in the
transaction.

7 405 7-404. Protection of person dealing with personal represent-
ative.

In the absence of actual knowledge or of reasonable cause to in-
quire as to whether the personal representative is improperly exer-
cising his power, a person dealing with the personal representative
is not bound to inquire whether the personal representative is
properly exercising his power, and is protected as if the personal
representative properly exercised the power. A person is not bound
to see to the proper application of estate assets paid or delivered to
a personal representative.

7 406 7-405. Meeting of interested persons.

(a) Personal property. If the personal representative cannot
obtain agreement from all interested persons entitled to share in the
distribution of tangible personal property he may apply to the Court
to make distribution, and the