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 to the property, if either of the following applies:
1. The property was received under a duty imposed upon the fiduciary by law in the capacity of fiduciary.
2. The fiduciary has commingled the property with the assets of the estate.