(a) [Repealed, ยง 22 ch 105 SLA 1998.]
(b) Subject to AS 13.36.105 - 13.36.220, a trustee is personally liable for obligations arising from ownership or control of property of the trust estate or for torts committed in the course of administration of the trust estate only if personally at fault.
(c) Claims based on contracts entered into by a trustee in a fiduciary capacity, on obligations arising from ownership or control of the trust estate, or on torts committed in the course of trust administration may be asserted against the trust estate by proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for them.
(d) 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.
Structure Alaska Statutes
Title 13. Decedents' Estates, Guardianships, Transfers, Trusts, and Health Care Decisions
Chapter 36. Trust Administration
Sec. 13.36.070. General duty not limited.
Sec. 13.36.071. Accepting or rejecting trusteeship.
Sec. 13.36.073. Vacancy in trusteeship; appointment of successor.
Sec. 13.36.074. Resignation of trustee.
Sec. 13.36.076. Removal of trustee.
Sec. 13.36.077. Delivery of property by former trustee.
Sec. 13.36.078. Reimbursement of expenses.
Sec. 13.36.079. Certification of trust; penalty.
Sec. 13.36.080. Duty to inform and account to beneficiaries.
Sec. 13.36.090. Trustee's duty; appropriate place of administration; deviation.
Sec. 13.36.095. Personal liability of trustee to third parties.
Sec. 13.36.100. Limitations on proceedings against trustees.
Sec. 13.36.105. Powers attached to the office of trustee.
Sec. 13.36.107. General powers.
Sec. 13.36.109. Specific powers of trustees.
Sec. 13.36.110. Liability of trustee relating to exercise of power.
Sec. 13.36.120. Voting of corporate stock owned by trustee.
Sec. 13.36.125. Creation of trust bank account to pay special debts.
Sec. 13.36.130. Failure of beneficiary to present claim for payment.
Sec. 13.36.135. Holding stock in name of nominee.
Sec. 13.36.140. Loan of trust funds.
Sec. 13.36.145. Corporate trustee depositing trust funds with itself.
Sec. 13.36.150. Trustee leasing, buying, or selling to or from itself or a related person.
Sec. 13.36.153. Restrictions on exercising certain trustee powers.
Sec. 13.36.155. Permitted sales between trusts held by same corporate trustee.
Sec. 13.36.157. Exercise of power of appointment.
Sec. 13.36.158. Additional provisions relating to exercise of a power of appointment.
Sec. 13.36.159. Implementation of power of appointment.
Sec. 13.36.160. Corporate trustee buying its own or an affiliate's securities.
Sec. 13.36.165. Withdrawals from mingled trust funds.
Sec. 13.36.170. Unenforceable oral trust created by deed.
Sec. 13.36.175. Action on contract against trustee in representative capacity.
Sec. 13.36.180. Exoneration or reimbursement for tort.
Sec. 13.36.185. Tort liability of trust.
Sec. 13.36.190. Personal liability for tort committed by trustee.
Sec. 13.36.192. Power of settlor of trust.
Sec. 13.36.194. Power of beneficiary of trust.
Sec. 13.36.196. Relieving trustee of duties, restrictions, and liability; power of the court.