2006 Louisiana Laws - RS 9:2125 — Contractual liability of trust

§2125.  Contractual liability of trust

A.  If a trustee makes a contract that is within his powers as trustee, or if a predecessor trustee has made such a contract, and if a cause of action arises thereon, the party in whose favor the cause of action has accrued may sue the trustee in his representative capacity.  A judgment rendered in the action in favor of the plaintiff shall affect or be satisfied out of the trust property.  

B.  A beneficiary may intervene in such an action for the purpose of contesting the right of the plaintiff to recover.  

C.  The plaintiff may also hold a trustee who makes a contract personally liable on the contract, if the contract does not exclude personal liability.  The addition of the word "trustee" or the words "as trustee" together with language identifying the trust, after the signature of a trustee to a contract, shall be deemed prima facie evidence of an intent to exclude a trustee from personal liability.