18-C §8-213. Judicial authorization of actions
§8-213. Judicial authorization of actions The court may expressly authorize or instruct a personal representative or other fiduciary, on the court’s own initiative or on the complaint of any interested person, to commence an action on the bond for the benefit of the estate. Nothing in this section may be deemed to limit the power […]
18-C §8-112. Compensation; cessation of duties
§8-112. Compensation; cessation of duties The receiver appointed under section 8-108 may receive compensation and disbursements ordered by the court, to be paid out of the absentee’s property or proceeds. If, within 8 years after the date of the disappearance or absconding found by the court under section 8-105, the absentee appears or a personal […]
18-C §8-214. Forfeiture for failure to account when ordered
§8-214. Forfeiture for failure to account when ordered When it appears in an action on a bond against a principal that the principal is unable to account for personal property of the estate that the principal has received, execution must be awarded against the principal for the full value of the unaccounted-for property, without any […]
18-C §8-113. Termination of receivership
§8-113. Termination of receivership If at the expiration of 8 years after the date of the disappearance or absconding found by the court under section 8-105, the absentee’s property has not been accounted for, delivered or paid over under section 8-112, the court shall order distribution of the remainder to the persons to whom, and […]
18-C §8-215. Judgment in trust for all interested
§8-215. Judgment in trust for all interested Every judgment and execution in an action on the bond must be recovered by the court in trust for all interested parties. The judge shall order the delinquent fiduciary, if still in office, to account for the amount or to assign the amount to the fiduciary’s successor to […]
18-C §8-114. Limitations
§8-114. Limitations Notwithstanding sections 8‑112 and 8‑113, if a receiver is not appointed within 7 years after the date of disappearance or absconding found by the court under section 8‑105, the time limited to accounting for, or fixed for distributing, the absentee’s property or its proceeds, or for barring actions relative thereto, is one year […]
18-C §8-301. Time of taking effect; provisions for transition
§8-301. Time of taking effect; provisions for transition 1. Effective date. This Code takes effect on September 1, 2019. [PL 2019, c. 417, Pt. A, §103 (AMD).] 2. Applicability. Except as provided elsewhere in this Code, on the effective date of this Code: A. The Code applies to any wills of decedents who […]
18-C §8-201. Applicability to proceedings on other bonds
§8-201. Applicability to proceedings on other bonds Except as otherwise provided by law, and whenever the provisions of this Part are applicable, proceedings, judgment and execution on the bonds given to the State of Maine or the court by personal representatives, guardians, conservators, trustees, surviving partners, assignees of insolvent debtors and others must be conducted […]
18-C §8-202. Surety on bond may cite trust officers for accounting
§8-202. Surety on bond may cite trust officers for accounting Whenever a surety on a bond has reason to believe that the trust officer has depleted or is wasting or mismanaging the estate, the surety may cite the trust officer before the court as provided in section 3-110. If upon hearing the court is satisfied […]
18-C §8-203. Agreement with sureties for joint control
§8-203. Agreement with sureties for joint control It is lawful for any party of whom a bond, undertaking or other obligation is required to agree with the surety or sureties for the deposit of any or all money and assets for which the party and the surety or sureties are or may be held responsible […]