South Dakota § 55-2-12 - Liability and duties of successor trustee for agreements, contracts or actions of predecessor fiduciary.
Full text of South Dakota South Dakota Codified Laws § 55-2-12 — Liability and duties of successor trustee for agreements, contracts or actions of predecessor fiduciary., with citation guidance and answers to common questions.
§ 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.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 55-2-12
What does South Dakota Codified Laws § 55-2-12 cover?
Section 55-2-12 ("Liability and duties of successor trustee for agreements, contracts or actions of predecessor fiduciary.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 55-2-12?
A common citation format is "South Dakota Codified Laws § 55-2-12" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 55-2-12 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.