§ 53-12-308. Personal Liability of Trustee

1. A trustee shall not be personally liable on any warranty made in any conveyance unless the intention to create a personal liability is distinctly expressed.
2. Unless otherwise provided in the contract, a trustee shall not be personally liable on contracts properly entered into in the trustee’s fiduciary capacity unless the trustee fails to reveal the trustee’s representative capacity in the contract.
3. A judgment rendered in an action brought against the trust shall impose no personal liability on the trustee or the beneficiary.

History. Code 1981, § 53-12-308 , enacted by Ga. L. 2010, p. 579, § 1/SB 131.

Law reviews.

For article, “Noticing the Bankruptcy Sale: The Purchased Property May Not Be as ‘Free and Clear of All Liens, Claims and Encumberances’ as You Think,” see 15 (No. 5) Ga. St. B.J. 12 (2010).