Section 13.36.095. Personal liability of trustee to third parties.

   (a)   [Repealed, Sec. 22 ch 105 SLA 1998]. 
   (b) Subject to AS 13.36.105 - 13.36.220, a trustee is personally liable for obligations arising from ownership or control of property of the trust estate or for torts committed in the course of administration of the trust estate only if personally at fault.
   (c) Claims based on contracts entered into by a trustee in a fiduciary capacity, on obligations arising from ownership or control of the trust estate, or on torts committed in the course of trust administration may be asserted against the trust estate by proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for them.
   (d) The question of liability as between the trust estate and the trustee individually may be determined in a proceeding for accounting surcharge or indemnification or other appropriate proceeding.

Notes

History

(Sec. 1 ch 78 SLA 1972; am Sec. 11, 22 ch 105 SLA 1998)