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Session Laws, 1999
Volume 796, Page 3679   View pdf image
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(1) A personal representative may not institute an action against a
defendant for slander against the decedent during the lifetime of the decedent.

(2) In an action instituted by the personal representative against a
tort-feasor for a wrong which resulted in the death of the decedent, the personal
representative may recover the funeral expenses of the decedent up to the amount
allowed under § 8-106(b) of this article in addition to other damages recoverable in
the action.

[(y)] (Z) If the decedent died testate, he may designate himself on documents
as an executor, or if the decedent died intestate, as an administrator.

[(z)] (AA) He may make partial and final distributions, in cash, in kind, or both,
from time to time during the administration.

[(aa)] (BB) If the estate is of a physician, podiatrist, optometrist, or dentist
who was a sole practitioner, the administrator shall follow the notice requirements
under § 4-305 of the Health - General Article of the Code before the destruction or
transfer of any medical records of a patient of the decedent.

[(bb)] (CC) (1) To comply with an environmental law, a personal
representative may:

(i) Inspect property held by the personal representative, including
any type of interest in a sole proprietorship, partnership, or corporation, and any
assets owned by a sole proprietorship, partnership, or corporation to determine
compliance with an environmental law and respond to an actual or potential
environmental liability relating to the property;

(ii) Before or after the initiation of a claim or a governmental
enforcement action, take any action necessary to prevent, abate, or otherwise remedy
an actual or potential environmental liability relating to property held by the
personal representative;

(iii) Settle or compromise at any time a claim against the estate
based on an alleged environmental liability that may be asserted by any person; and

(iv) Pay from the estate the costs of an inspection, review, study,
abatement, response, cleanup, or other remedial action that involves an
environmental liability as provided under § 7-304 of this title.

(2) If a personal representative acts prudently and in good faith, the
personal representative is not liable to a person with an interest in assets held by the
personal representative for a decrease in the value of the assets for taking action
under this subsection or otherwise taking action to comply with an environmental law
or reporting requirement.

(3) Acceptance by the personal representative of property or failure by
the personal representative to take action under this subsection does not imply that
there is or may be liability under an environmental law with respect to any property.

 

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Session Laws, 1999
Volume 796, Page 3679   View pdf image
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