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Section 704. Power of Estate of Deceased Partner

If a partner dies, the deceased partner’s personal representative or other legal representative may exercise the rights of a transferee as provided in Section 702 and, for the purposes of settling the estate, may exercise the rights of a current limited partner under Section 304.

Comment

Section 702 strictly limits the rights of transferees. In particular, a transferee has no right to participate in management in any way, no voting rights and, except following dissolution, no information rights. Even after dissolution, a transferee’s information rights are limited. See Section 702(c).

This section provides special informational rights for a deceased partner’s legal representative for the purposes of settling the estate. For those purposes, the legal representative may exercise the informational rights of a current limited partner under Section 304. Those rights are of course subject to the limitations and obligations stated in that section – e.g., Section 304 (g) ( restrictions on use) and (h) (charges for copies) – as well as any generally applicable limitations stated in the partnership agreement.

 

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