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2017 Maryland Code
Estates and Trusts
Title 14.5. Maryland Trust Act.
Subtitle 9 - Liability of Trustees and Rights of Persons Dealing With the Trustee.
§ 14.5-908. Actions and claims against trustee.
Universal Citation: MD Est & Trusts Code § 14.5-908 (2017)
- (a) No personal liability when acting in fiduciary capacity. -- Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into by the trustee in the fiduciary capacity of the trustee in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.
- (b) Claim against trustee in fiduciary capacity. -- A claim based on a contract entered into by a trustee in the fiduciary capacity of the trustee, 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 in a judicial proceeding against the trustee in the fiduciary capacity of the trustee, regardless of whether the trustee is personally liable for the claim.
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