72-38-1001. Remedies for breach of trust.
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/mt/title-72/chapter-38/part-10/72-38-1001·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
72-38-1001 . Remedies for breach of trust.
(1)A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(2)To remedy a breach of trust that has occurred or may occur, the court may:
(a)compel the trustee to perform the trustee's duties;
(b)enjoin the trustee from committing a breach of trust;
(c)compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
(d)order a trustee to account;
(e)appoint a special fiduciary to take possession of the trust property and administer the trust;
(f)suspend the trustee;
(g)remove the trustee as provided in 72-38-706 ;
(h)reduce or deny compensation to the trustee;
(i)subject to 72-38-1012 , void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or
(j)order any other appropriate relief.