Section 11-4.7. Liability of the personal representative for claims arising out


Latest version.
  • of the administration of the estate
        (a)   Unless   otherwise   provided   in   the  contract,  a  personal
      representative is not individually liable on a contract properly entered
      into in his fiduciary capacity in the course of  administration  of  the
      estate  unless  he  fails  to  reveal  his  representative  capacity and
      identify the estate or trust in the contract.
        (b) A personal representative is individually liable  for  obligations
      arising  from  ownership or control of the estate or for torts committed
      in the course of administration of the  estate  only  if  he  failed  to
      exercise reasonable care, diligence and prudence.
        (c)   Claims   based   on   contracts   entered  into  by  a  personal
      representative in his fiduciary capacity, on  obligations  arising  from
      ownership  or  control of the estate or on torts committed in the course
      of  estate  administration  may  be  asserted  against  the  estate   by
      proceeding   against   the  personal  representative  in  his  fiduciary
      capacity, whether or not the  personal  representative  is  individually
      liable therefor.
        (d)  In  any  case  where liability is found against the estate as the
      result of an action or proceeding brought under subdivision (c),  issues
      of liability as between the estate and the personal representative shall
      be  determined  in  an accounting proceeding brought pursuant to section
      twenty-two hundred five of the surrogate's court procedure act.
        (e)(1) For the purposes of this paragraph: (i) the  term  "act"  shall
      mean the federal air transportation safety and system stabilization act,
      public  law  107-42,  as  amended;  (ii)  the term "fund" shall mean the
      September  eleventh  victim  compensation  fund  of  two  thousand   one
      established  pursuant  to  title  IV  of  the  act;  and  (iii) the term
      "personal representative" shall have the same meaning as that  term  has
      pursuant  to  section 104.4 of title twenty-eight of the code of federal
      regulations.
        (2) Notwithstanding any other provision of law to  the  contrary,  any
      person  who  serves  as  the  personal representative of a victim of the
      terrorist attacks on September eleventh, two thousand one, and who files
      a claim with the fund, shall have no liability to any  person  resulting
      from  any  actions  taken  reasonably  and  in good faith under the act,
      including but not limited to: (i) the submission  or  prosecution  of  a
      claim  to  the  fund;  (ii) a decision not to submit such a claim, or to
      withdraw a claim previously submitted; (iii) the waiver pursuant to  the
      act  of the right to file a civil action (or to be a party to an action)
      in any federal or state court for damages sustained as a result  of  the
      terrorist  attacks;  (iv)  the  failure to identify or locate any person
      designated for receipt of notice under subdivision (b) of section  104.4
      of  title twenty-eight of the code of federal regulations, provided that
      the personal representative made a reasonable and good faith  effort  to
      identify  and  locate such person; or (v) the payment or distribution of
      any award received  from  the  fund  in  accordance  with  any  plan  of
      distribution  that  has  been  submitted  to and approved by the special
      master appointed under the act.
        (3) Notwithstanding any other provision of law to the contrary, or any
      restrictions set forth in letters relating to any decedent who dies as a
      result of wounds or injury incurred as a result of the terrorist attacks
      on September eleventh, two  thousand  one,  a  duly  appointed  personal
      representative  is  authorized  to  file  and prosecute a claim with the
      fund, and the filing of such a claim for an award from the fund, and the
      resulting compromise of any cause of action pursuant to the  act,  shall
      not  violate  any  restriction  on  the  powers  granted to the personal
    
      representative relating to the prosecution or compromise of any  action,
      the collection of any settlement, or the enforcement of any judgment.