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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 36. Trust Administration
- Section 95. Personal Liability of Trustee to Third Parties.
previous: Section 90
. Trustee's Duties; Appropriate Place of Administration; Deviation.
next: Section 100
. Limitations On Proceedings Against Trustees.
AS 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- (a) [Repealed, Sec. 22 ch 105 SLA 1998].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.
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