§560:3-912 - Private agreements among successors to decedent binding on personal representative.
§560:3-912 Private agreements among
successors to decedent binding on personal representative. Subject to the
rights of creditors and taxing authorities, competent successors may agree
among themselves to alter the interests, shares, or amounts to which they are
entitled under the will of the decedent, or under the laws of intestacy, in any
way that they provide in a written contract executed by all who are affected by
its provisions. The personal representative shall abide by the terms of the
agreement subject to the personal representative's obligation to administer the
estate for the benefit of creditors, to pay all taxes and costs of
administration, and to carry out the responsibilities of the personal
representative's office for the benefit of any successors of the decedent who
are not parties. Personal representatives of decedents' estates are not
required to see to the performance of trusts if the trustee thereof is another
person who is willing to accept the trust. Accordingly, trustees of a testamentary
trust are successors for the purposes of this section. Nothing herein relieves
trustees of any duties owed to beneficiaries of trusts. [L 1996, c 288, pt of
§1]