14-11010

14-11010. Limitation on personal liability of
trustee

A. Except as otherwise provided in the contract, a trustee is not personally liable
on a contract properly entered into in the trustee's fiduciary capacity in the course of
administering the trust if the trustee in the contract disclosed the fiduciary capacity.

B. A trustee is personally liable for torts committed in the course of
administering a trust or for obligations arising from ownership or control of trust
property, including liability for violation of environmental law, only if the trustee is
personally at fault.

C. A claim based on a contract entered into by a trustee in the trustee's fiduciary
capacity, on an obligation arising from ownership or control of trust property or on a
tort committed in the course of administering a trust may be asserted in a judicial
proceeding against the trustee in the trustee's fiduciary capacity, whether or not the
trustee is personally liable for the claim.