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This entry was published on 2014-09-22
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SECTION 11-4.7
Liability of the personal representative for claims arising out
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 11, PART 4
§ 11-4.7 Liability of the personal representative for claims arising out

of the administration of the estate

(a) Unless otherwise provided in the contract, a personal
representative is not individually liable on a contract properly entered
into in his fiduciary capacity in the course of administration of the
estate unless he fails to reveal his representative capacity and
identify the estate or trust in the contract.

(b) A personal representative is individually liable for obligations
arising from ownership or control of the estate or for torts committed
in the course of administration of the estate only if he failed to
exercise reasonable care, diligence and prudence.

(c) Claims based on contracts entered into by a personal
representative in his fiduciary capacity, on obligations arising from
ownership or control of the estate or on torts committed in the course
of estate administration may be asserted against the estate by
proceeding against the personal representative in his fiduciary
capacity, whether or not the personal representative is individually
liable therefor.

(d) In any case where liability is found against the estate as the
result of an action or proceeding brought under subdivision (c), issues
of liability as between the estate and the personal representative shall
be determined in an accounting proceeding brought pursuant to section
twenty-two hundred five of the surrogate's court procedure act.

(e)(1) For the purposes of this paragraph: (i) the term "act" shall
mean the federal air transportation safety and system stabilization act,
public law 107-42, as amended; (ii) the term "fund" shall mean the
September eleventh victim compensation fund of two thousand one
established pursuant to title IV of the act; and (iii) the term
"personal representative" shall have the same meaning as that term has
pursuant to section 104.4 of title twenty-eight of the code of federal
regulations.

(2) Notwithstanding any other provision of law to the contrary, any
person who serves as the personal representative of a victim of the
terrorist attacks on September eleventh, two thousand one, and who files
a claim with the fund, shall have no liability to any person resulting
from any actions taken reasonably and in good faith under the act,
including but not limited to: (i) the submission or prosecution of a
claim to the fund; (ii) a decision not to submit such a claim, or to
withdraw a claim previously submitted; (iii) the waiver pursuant to the
act of the right to file a civil action (or to be a party to an action)
in any federal or state court for damages sustained as a result of the
terrorist attacks; (iv) the failure to identify or locate any person
designated for receipt of notice under subdivision (b) of section 104.4
of title twenty-eight of the code of federal regulations, provided that
the personal representative made a reasonable and good faith effort to
identify and locate such person; or (v) the payment or distribution of
any award received from the fund in accordance with any plan of
distribution that has been submitted to and approved by the special
master appointed under the act.

(3) Notwithstanding any other provision of law to the contrary, or any
restrictions set forth in letters relating to any decedent who dies as a
result of wounds or injury incurred as a result of the terrorist attacks
on September eleventh, two thousand one, a duly appointed personal
representative is authorized to file and prosecute a claim with the
fund, and the filing of such a claim for an award from the fund, and the
resulting compromise of any cause of action pursuant to the act, shall
not violate any restriction on the powers granted to the personal
representative relating to the prosecution or compromise of any action,
the collection of any settlement, or the enforcement of any judgment.