Mich. Comp. Laws § 700.7910 : ESTATES AND PROTECTED INDIVIDUALS CODE —ESTATES AND PROTECTED INDIVIDUALS CODE — MICHIGAN TRUST CODE — LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE — Personal liability of trustee; limitation

(1) Unless 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 administration of the trust estate unless the trustee fails to reveal the trustee's representative capacity.
(2) A trustee is personally liable for an obligation arising from ownership or control of the trust estate property or for a tort committed in the course of administration of the trust estate only if the trustee is personally at fault.
(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 the trust estate, or on a tort 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 the claim.
(4) 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 in another appropriate proceeding.

MCL 700.7910

Amended by 2010, Act 325,s 9, eff. 4/1/2010.
Added by 2009, Act 46,s 138 , eff. 4/1/2010.
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