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Section 55-2-12 - Liability and duties of successor trustee for agreements, contracts or actions of predecessor fiduciary — South Dakota Law | CourtGPT
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South Dakota Legal Code

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

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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.