Tort Liability

Suit against Trustee personally Trustee personally liable: Own torts, and Torts of employees, agents, etc. Note that in UTC states, trustee does not have respondent superior liability. Trustee may seek reimbursement or exoneration from the trust property in certain situations. § 114.083 § 114.062

Suit against Trustee in representative capacity Allowed, but only in situations where trustee would be entitled to reimbursement or exoneration.

When Trustee entitled to reimbursement or exoneration 1. Common incident tort. 2. Strict liability. 3. Conversion.

Notice duties of tort plaintiff Same as for contract plaintiff.

Charitable Immunity Common law = yes. Texas as of March 9, 1966 = abolished by Texas Supreme Court opinion, but Charitable Immunity and Liability Act limits liability in some cases.

Duty of Attorney for Trustee What should attorney recommend?