75-5-429 - Individual liability of conservator.
75-5-429. Individual liability of conservator.
(1) Unless otherwise provided in the contract, a conservator is not individually liable on acontract properly entered into in his fiduciary capacity in the course of administration of the estateunless he fails to reveal his representative capacity and identify the estate in the contract.
(2) The conservator is individually liable for obligations arising from ownership orcontrol of property of the estate or for torts committed in the course of administration of the estateonly if he is personally at fault.
(3) Claims based on contracts entered into by a conservator in his fiduciary capacity, onobligations arising from ownership or control of the estate, or on torts committed in the course ofadministration of the estate may be asserted against the estate by proceeding against theconservator in his fiduciary capacity, whether or not the conservator is individually liable therefor.
(4) Any question of liability between the estate and the conservator individually may bedetermined in a proceeding for accounting, surcharge, indemnification, or other appropriateproceeding or action.
Enacted by Chapter 150, 1975 General Session