KRS 386B.10-100: Limitation on personal liability of trustee.

(1) Except as otherwise provided in the contract, a trustee is not personally liable on a

contract properly entered into in the trustee's fiduciary capacity in the course of

administering the trust if the trustee in the contract disclosed the fiduciary capacity.

(2) A trustee is personally liable for torts committed in the course of administering a

trust, or for obligations arising from ownership or control of trust property,

including liability for violation of environmental law, only if the trustee is

personally at fault.

(3) A claim based on a contract entered into by a trustee in the trustee's fiduciary

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 asserte d in a judicial

proceeding against the trustee in the trustee's fiduciary capacity, whether or not the

trustee is personally liable for the claim.

(4) 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.