{"data":{"id":"us-mt/72-38-1010","jurisdiction":"us-mt","citation":"72-38-1010","heading":"Limitation on personal liability of trustee.","body":"(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.\n(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.\n(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 asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 38. MONTANA UNIFORM TRUST CODE","Part 10. Liability of Trustees and Rights of Persons Dealing with Trustee"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0380/part_0100/section_0100/0720-0380-0100-0100.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:35Z","sha256":"ed3bf02999e74c4a6aebd417dc74b5b46a9119152cb7c2dbfba43aef078b0a8d","source_id":"us-mt","stale":false,"prev":"us-mt/72-38-1009","next":"us-mt/72-38-1011"},"notice":"GroundRules: Original legal text. Not legal advice."}