Statutes > Massachusetts Statutes > PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS > TITLE II DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS > CHAPTER 190B MASSACHUSETTS UNIFORM PROBATE CODE > ARTICLE III PROBATE OF WILLS AND ADMINISTRATION > Section 3-712 Improper exercise of power; breach of fiduciary duty

Section 3-712 Improper exercise of power; breach of fiduciary duty

[Text of section added by 2008, 521, Sec. 9 effective July 1, 2011. See 2008, 521, Sec. 44.]

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

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.