1 / 7

Understanding Trustee Liability and Reimbursement in Tort Cases

This article explores the legal principles surrounding trustee liability in tort cases, examining when trustees can be held personally liable for their own torts and those of their employees or agents. It discusses the ability of trustees to seek reimbursement or exoneration from trust property under specific circumstances, as outlined in Texas law. Additionally, it highlights the implications of charitable immunity and the role of attorneys in advising trustees on these liabilities. A comprehensive guide for trustees, beneficiaries, and legal professionals.

milton
Télécharger la présentation

Understanding Trustee Liability and Reimbursement in Tort Cases

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Tort Liability

  2. Suit against Trustee personally • Trustee personally liable: • Own torts, and • Torts of employees, agents, etc. • Trustee may seek reimbursement or exoneration from the trust property in certain situations. • § 114.083 • § 114.062

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

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

  5. Notice duties of tort plaintiff • Same as for contract plaintiff.

  6. 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.

  7. Duty of Attorney for Trustee • What should attorney recommend?

More Related