Montana Statutes

§ 72-38-1010 — Limitation On Personal Liability Of Trustee

Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 38 MONTANA UNIFORM TRUST CODE·Part 10 Liability of Trustees and Rights of Persons Dealing with Trustee

72-38-1010 . Limitation on personal liability of trustee.

(1)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.
(2)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.
(3)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 administ

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Legislative History

En. Sec. 127, Ch. 264, L. 2013.

Nearby Sections

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