2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633A - IOWA TRUST CODE
633A.4601 - PERSONAL LIABILITY -- LIMITATIONS.

        633A.4601  PERSONAL LIABILITY -- LIMITATIONS.
         1.  Except as otherwise provided in the contract or in this part,
      a trustee is not personally liable on a contract properly entered
      into in the trustee's fiduciary capacity in the course of
      administration of the trust unless the trustee fails to reveal the
      representative capacity or identify the trust in the contract.
         2.  A trustee is personally liable for obligations arising from
      ownership or control of trust property, including liability for
      environmental law violations, and for torts committed in the course
      of administering a trust only if the trustee is personally at fault.

         3.  A claim based on a contract entered into by a trustee in the
      trustee's representative 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 against the trust by
      proceeding against the trustee in the trustee's representative
      capacity, whether or not the trustee is personally liable on the
      claim.
         4.  A question of liability as between the trust and the trustee
      personally may be determined in a proceeding brought under section
      633A.6202.  

         99 Acts, ch 125, §79, 109
         C2001, §633.4601
         2002 Acts, ch 1107, §19; 2005 Acts, ch 38, §54, 55
         CS2005, §633A.4601