(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) The following claims 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:
(a) A claim based on a contract entered into by a trustee in the trustee’s fiduciary capacity.
(b) A claim based on an obligation arising from ownership or control of trust property.
(c) A claim based on a tort committed in the course of administering a trust.
(4) This section does not impose personal liability on a trustee solely because the trustee holds property under an instrument that shows title in the name of the trustee but does not state that the trustee holds the property in a representative capacity. [2005 c.348 §92]
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