Liability and duties of successor trustee for agreements, contracts or actions of predecessor fiduciary

SDCL § 55-2-12 — under DUTIES AND LIABILITIES OF TRUSTEES.

SDCL § 55-2-12

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.