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Session Laws, 1974
Volume 713, Page 134   View pdf image
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134                                               LAWS OF MARYLAND                              [Ch. 11

ON CONTRACTS PROPERLY ENTERED INTO IN HIS FIDUCIARY
CAPACITY IN THE COURSE OF ADMINISTRATION OF THE ESTATE
UNLESS HE EXPRESSLY AGREES TO BE.

(C) OBLIGATIONS AND TORTS.

A PERSONAL REPRESENTATIVE IS NOT INDIVIDUALLY LIABLE
FOR OBLIGATIONS ARISING FROM POSSESSION OR CONTROL OF
PROPERTY OF THE ESTATE OR FOR TORTS COMMITTED IN THE
COURSE OF ADMINISTRATION OF THE ESTATE UNLESS HE IS
PERSONALLY AT FAULT.

(D) CLAIMS AGAINST THE ESTATE.

CLAIMS BASED UPON CONTRACTS, OBLIGATIONS, AND TORTS
OF THE TYPES DESCRIBED IN SUBSECTIONS (B) AND (C) MAY BE
ALLOWED AGAINST THE ESTATE WHETHER OR NOT THE PERSONAL
REPRESENTATIVE IS INDIVIDUALLY LIABLE.

(E)   DETERMINATION OF LIABILITY.

THE INDIVIDUAL LIABILITY OF THE PERSONAL

REPRESENTATIVE TO THIRD PARTIES ARISING FROM THE

ADMINISTRATION OF THE ESTATE MAY BE DETERMINED IN THE

SAME PROCEEDING IN WHICH A CLAIM BY THE THIRD PARTY

AGAINST THE ESTATE IS CONSIDERED.

(F)   DOUBT CONCERNING LIABILITY.

IF THERE IS DOUBT WHETHER A CLAIM SHOULD BE ALLOWED
AGAINST THE ESTATE OR AGAINST THE PERSONAL REPRESENTATIVE
AS AN INDIVIDUAL, OR BOTH, A COURT IN WHICH A PROCEEDING
TO ENFORCE THE CLAIM IS PENDING SHALL DIRECT THAT NOTICE
BE GIVEN TO ALL INTERESTED PERSONS AND ALL CREDITORS
WHOSE INTERESTS WILL BE AFFECTED BY THE RESULT AND SHALL
GIVE THEM AN OPPORTUNITY TO BE HEARD.

(G)   EFFECT OF ALLOWANCE.

WHEN THE COURT ALLOWS A CLAIM AGAINST THE PERSONAL
REPRESENTATIVE INDIVIDUALLY, THE ALLOWANCE HAS THE SAME
EFFECT AS A JUDGMENT AGAINST HIM.

(H) MEETING OF CREDITORS.

A PERSONAL REPRESENTATIVE MAY APPOINT A MEETING OF
CREDITORS WHOSE CLAIMS HAVE BEEN FILED PURSUANT TO THE
PROVISIONS OF SUBSECTIONS (A) OR (B) OF §8-104 ON A DAY
DESIGNATED BY ORDER OF THE COURT. WRITTEN NOTICE OF THE
TIME, DATE, PLACE, AND PURPOSE OF THE MEETING SHALL BE
GIVEN AT LEAST TEN DAYS PRIOR TO THE DATE. THE APPROVAL
OF PART OF ALL OF THE [[CLAIMS OR]] CLAIMS OF CREDITORS
REPRESENTED AT THE MEETING SHALL BE MADE UNDER THE
DIRECTION AND CONTROL OF THE COURT AND THE PAYMENT OF A

 

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Session Laws, 1974
Volume 713, Page 134   View pdf image
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