12.02.060 Fiduciary Duty

(a) Duty Defined. Any person appointed as Administrator or Executor has a fiduciary duty to uphold this chapter and follow the orders of the Tribal Court. As a fiduciary, the Administrator or Executor shall act honestly and in good faith, expeditiously and efficiently, and consistent with the best interests of the estate. It is assumed that all persons are capable of carrying out their fiduciary duties unless such person has been convicted of a Serious Crime. "Serious Crime" shall have the same meaning as the term is defined in the Tribal Ethics Ordinance.

(b) Liability. If the Administrator or Executor has improperly exercised his/her power concerning the estate or failed to carry out his/her fiduciary duty, the Administrator or Executor may be held liable for breach of trust. The Administrator or Executor cannot be held liable if the conduct at issue was authorized or if he/she followed the orders of the Tribal Court, even if those orders are later reversed.