633.158  Liability for property not a part of estate.

Every fiduciary shall be chargeable in the fiduciary's accounts with property not a part of the estate that comes into the fiduciary's hands at any time, and shall be liable to the persons entitled thereto, if:

1.  The property was received under a duty imposed upon the fiduciary by law in the capacity of fiduciary; or

2.  The fiduciary has commingled such property with the assets of the estate.

Section History: Early form

  [C66, 71, 73, 75, 77, 79, 81, § 633.158]

Internal References

  Referred to in § 633.649


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