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Home » US Law » 2022 South Dakota Codified Laws » Title 55 - Fiduciaries and Trusts » Chapter 02 - Duties And Liabilities Of Trustees » Section 55-2-12 – Liability and duties of successor trustee for agreements, contracts or actions of predecessor fiduciary.

55-2-12. Liability and duties of successor trustee for agreements, contracts or actions of predecessor fiduciary.

Unless otherwise provided in the trust agreement, a successor trustee:

(1)Is not individually liable for actions or inactions of a predecessor fiduciary, including agreements, contracts accountings, records, distributions, investments, modifications, reformations, or other acts entered into by its predecessor fiduciary; and

(2)Does not have a duty to:

(a)Confirm or validate such predecessor fiduciary’s actions or inactions;

(b)Confirm the validity of the trust agreement; or

(c)Prosecute or seek redress for any action or inaction by the predecessor fiduciary.

Source: SL 1991, ch 229, §2; SL 2021, ch 207, § 10.