I. A fiduciary shall not be considered an owner or operator under this chapter in its individual capacity and shall not be liable in its individual capacity under N.H. Rev. Stat. § 146-C:11.
II. Nothing in this section shall preclude claims under N.H. Rev. Stat. § 146-C:11 against:

Terms Used In New Hampshire Revised Statutes 146-C:11-b

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Fiduciary: A trustee, executor, or administrator.

(a) A fiduciary in its representative capacity;
(b) The assets of the estate or trust administered by a fiduciary; or
(c) Non-employee agents or independent contractors retained by a fiduciary.
III. Nothing in this section shall preclude claims to recover costs under N.H. Rev. Stat. § 146-C:11 against fiduciaries in their individual capacity based on negligence or intentional misconduct. Fiduciaries shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as the fiduciary has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors.