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Code · Maine · Title 18-C: PROBATE CODE

§3-714. Persons dealing with personal representative; protection

213 words·~1 min read·/me/title-18-c-probate-code/3-714

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A person who in good faith either assists a personal representative or deals with the personal representative for value is protected as if the personal representative's power was properly exercised. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives that are endorsed on letters as provided in section 3-504 , no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge.
A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection in this section extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection in this section is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries. [PL 2017, c. 402, Pt.
A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
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