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 his 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 15-3-713 and 15-3-714[, Idaho Code,] of this Part.
Idaho Code § 15-3-712
Improper exercise of power — Breach of fiduciary duty
Applied in 1 court decision — leading case Allen v. Stoker (2002)
Most recently applied in Allen v. Stoker (October 2002)
I.C., § 15-3 -712, as added by 1971, ch. 111, § 1, p. 233.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.