North Dakota Code 30.1-29-29 – (5-429) Individual liability of conservator
1. Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in the conservator’s fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the conservator’s representative capacity and identify the estate in the contract.
Terms Used In North Dakota Code 30.1-29-29
- Contract: A legal written agreement that becomes binding when signed.
- Fiduciary: A trustee, executor, or administrator.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Property: includes property, real and personal. See North Dakota Code 1-01-49
2. The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if the conservator is personally at fault.
3. Claims based on contracts entered into by a conservator in the conservator’s fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of administration of the estate, may be asserted against the estate by proceeding against the conservator in the conservator’s fiduciary capacity, whether or not the conservator is individually liable therefor.
4. Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action.