{"data":{"id":"us-ky/krs-386b.10-100","jurisdiction":"us-ky","citation":"KRS 386B.10-100","heading":"Limitation on personal liability of trustee.","body":"(1) Except as otherwise provided in the contract, a trustee is not personally liable on a\ncontract properly entered into in the trustee's fiduciary capacity in the course of\nadministering the trust if the trustee in the contract disclosed the fiduciary capacity.\n(2) A trustee is personally liable for torts committed in the course of administering a\ntrust, or for obligations arising from ownership or control of trust property,\nincluding liability for violation of environmental law, only if the trustee is\npersonally at fault.\n(3) A claim based on a contract entered into by a trustee in the trustee's fiduciary\ncapacity, on an obligation arising from ownership or control of trust property, or on\na tort committed in the course of administering a trust, may be asserte d in a judicial\nproceeding against the trustee in the trustee's fiduciary capacity, whether or not the\ntrustee is personally liable for the claim.\n(4) The question of liability as between the trust estate and the trustee individually may\nbe determined in a  proceeding for accounting, surcharge, or indemnification or\nother appropriate proceeding.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43151","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:19Z","sha256":"ca19846fcb4b8e818e0ba93f3a5320f210f441fbf1b7dad1823e54f8f15f0054","source_id":"us-ky","stale":false,"prev":"us-ky/krs-386b.10-090","next":"us-ky/krs-386b.10-110"},"notice":"GroundRules: Original legal text. Not legal advice."}