Legislation
ARTICLE 11
Fiduciary: Powers, Duties and Limitations; Actions By or Against In Representative or Individual Capacities
Estates, Powers & Trusts (EPT) CHAPTER 17-B
ARTICLE 11
FIDUCIARY: POWERS, DUTIES AND LIMITATIONS; ACTIONS BY OR
AGAINST IN REPRESENTATIVE OR INDIVIDUAL CAPACITIES
PART 1. FIDUCIARIES: POWERS, DUTIES AND LIMITATIONS
Section 11-1.1 Fiduciaries' powers.
11-1.2 Tax elections by personal representatives.
11-1.3 Power and duty of executor before probate.
11-1.4 Validity of execution of power to sell, mortgage or
lease real property by less than all qualifying
executors.
11-1.5 Payment of testamentary dispositions or distributive
shares.
11-1.6 Property held as fiduciary to be kept separate.
11-1.7 Limitations on powers and immunities of executors and
testamentary trustees.
11-1.8 Power of fiduciary or custodian for fiduciary to
deposit United States government and agency
securities with a federal reserve bank.
11-1.9 Power of Fiduciary or Custodian to Deposit Securities
in a Central Depository.
11-1.10 Power of fiduciary to employ a broker-dealer as
custodian
11-1.11 Limited power of fiduciary to amend trust for certain
tax purposes.
PART 2. INVESTMENTS BY FIDUCIARIES:
POWERS AND DUTIES RELATING THERETO
Section 11-2.1 Principal and income.
11-2.2 Power to invest.
11-2.3 Prudent investor act.
11-2.3-A Judicial control with respect to fiduciary's power to
adjust
11-2.4 Optional unitrust provision.
PART 3. ACTIONS BY OR AGAINST PERSONAL REPRESENTATIVES
Section 11-3.1 Actions.
11-3.2 Action for injury to person or property survives
despite death of person in whose favor or against
whom cause of action existed.
11-3.3 Limitations upon recovery where injury causes death.
11-3.4 Action by representative of representative.
PART 4. PROCEDURAL ASPECTS OF ACTIONS BY OR AGAINST
PERSONAL REPRESENTATIVES
Section 11-4.1 How to sue or be sued.
11-4.2 When personal and representative causes of action may
be joined.
11-4.3 Separate dockets and executions.
11-4.4 Commencement of action against personal
representatives; rule when some of representatives
not served.
11-4.5 Want of assets not to be pleaded by personal
representative.
11-4.6 Leave to issue execution against personal
representative; how procured; order and contents
thereof; security before order granted; execution on
judgment recovered by predecessor representative.
11-4.7 Liability of the personal representative for claims
arising out of the administration of the estate.
FIDUCIARY: POWERS, DUTIES AND LIMITATIONS; ACTIONS BY OR
AGAINST IN REPRESENTATIVE OR INDIVIDUAL CAPACITIES
PART 1. FIDUCIARIES: POWERS, DUTIES AND LIMITATIONS
Section 11-1.1 Fiduciaries' powers.
11-1.2 Tax elections by personal representatives.
11-1.3 Power and duty of executor before probate.
11-1.4 Validity of execution of power to sell, mortgage or
lease real property by less than all qualifying
executors.
11-1.5 Payment of testamentary dispositions or distributive
shares.
11-1.6 Property held as fiduciary to be kept separate.
11-1.7 Limitations on powers and immunities of executors and
testamentary trustees.
11-1.8 Power of fiduciary or custodian for fiduciary to
deposit United States government and agency
securities with a federal reserve bank.
11-1.9 Power of Fiduciary or Custodian to Deposit Securities
in a Central Depository.
11-1.10 Power of fiduciary to employ a broker-dealer as
custodian
11-1.11 Limited power of fiduciary to amend trust for certain
tax purposes.
PART 2. INVESTMENTS BY FIDUCIARIES:
POWERS AND DUTIES RELATING THERETO
Section 11-2.1 Principal and income.
11-2.2 Power to invest.
11-2.3 Prudent investor act.
11-2.3-A Judicial control with respect to fiduciary's power to
adjust
11-2.4 Optional unitrust provision.
PART 3. ACTIONS BY OR AGAINST PERSONAL REPRESENTATIVES
Section 11-3.1 Actions.
11-3.2 Action for injury to person or property survives
despite death of person in whose favor or against
whom cause of action existed.
11-3.3 Limitations upon recovery where injury causes death.
11-3.4 Action by representative of representative.
PART 4. PROCEDURAL ASPECTS OF ACTIONS BY OR AGAINST
PERSONAL REPRESENTATIVES
Section 11-4.1 How to sue or be sued.
11-4.2 When personal and representative causes of action may
be joined.
11-4.3 Separate dockets and executions.
11-4.4 Commencement of action against personal
representatives; rule when some of representatives
not served.
11-4.5 Want of assets not to be pleaded by personal
representative.
11-4.6 Leave to issue execution against personal
representative; how procured; order and contents
thereof; security before order granted; execution on
judgment recovered by predecessor representative.
11-4.7 Liability of the personal representative for claims
arising out of the administration of the estate.