2011 South Dakota Code
Title 29A UNIFORM PROBATE CODE
Chapter 05. South Dakota Guardianship And Conservatorship Act
§29A-5-415 Liability of conservator on contracts entered into during administration of estate--Torts--Successor conservator.
29A-5-415. Liability of conservator on contracts entered into during administration of estate--Torts--Successor conservator. Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity or identify the estate in the contract.
A conservator is personally liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if personally negligent.
Claims based on contracts entered into by a conservator in a fiduciary capacity, obligations arising from ownership or control of the estate, or torts committed in the course of administration of the estate, may be asserted against the estate by proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable.
A successor conservator is not personally liable for the contracts or actions of a predecessor. However, a successor conservator is not immunized from liability for a breach of fiduciary duty committed by a predecessor if the successor learns of the breach and fails to take reasonable corrective action.
Source: SL 1993, ch 213, § 58; SDCL 30-36-58; SL 1995, ch 167, § 181.
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