Section 3–712. [Improper Exercise of Power; Breach of Fiduciary Duty.]

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Terms Used In Massachusetts General Laws ch. 190B sec. 3-712

  • Fiduciary: A trustee, executor, or administrator.
  • Trustee: A person or institution holding and administering property in trust.

If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a personal representative shall be determined as provided in sections 3–713 and 3–714.