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This entry was published on 2014-09-22
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SECTION 13-3.6
Disaffirmance of fraudulent acts by personal representative and
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 13, PART 3
§ 13-3.6 Disaffirmance of fraudulent acts by personal representative and

others

A fiduciary may, for the benefit of creditors or others interested in
property held in trust, treat as void any act done, or disposition or
agreement made in fraud of the rights of any creditor, including
himself, interested in such property, and a person who fraudulently
receives, takes or in any manner interferes with the property of a
deceased or insolvent person is liable to such fiduciary or a receiver
for such property or the value thereof, and for all damages caused by
such act to the trust estate. A creditor of a deceased insolvent
debtor, having a claim against the estate of such debtor exceeding in
amount the sum of one hundred dollars may, without obtaining a judgment
on such claim, in like manner, for the benefit of himself and other
creditors interested in such property, treat as void any act done or
disposition or agreement made in fraud of creditors or maintain an
action to set aside such act, disposition or agreement. Such claim, if
disputed, may be established in such action. The judgment in such
action may provide for the sale of the property involved, when a
disposition thereof is set aside, and for the payment of the proceeds
thereof into the appropriate surrogate's court to be administered
according to law.