30-3890. (UTC 1001) Remedies for breach of trust.
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/ne/chapter-30/30-3890A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(UTC 1001)
(a)A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(b)To remedy a breach of trust that has occurred or may occur, the court may:
(1)compel the trustee to perform the trustee's duties;
(2)enjoin the trustee from committing a breach of trust;
(3)compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
(4)order a trustee to account;
(5)appoint a special fiduciary to take possession of the trust property and administer the trust;
(6)suspend the trustee;
(7)remove the trustee as provided in section 30-3862 ;
(8)reduce or deny compensation to the trustee;
(9)subject to section 30-38,101 , 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
(10)order any other appropriate relief.
An accounting is ordinarily an appropriate remedy for a breach of a trustee’s duty to inform and report on a trust and its administration. In re Rolf H. Brennemann Testamentary Trust, 288 Neb. 389, 849 N.W.2d 458 (2014).
A beneficiary of property left to a trust has standing to raise the trustee's self-dealing and to seek damages, an accounting, and a constructive trust. In re Estate of Hedke, 278 Neb. 727, 775 N.W.2d 13 (2009).
When a trustee unduly delays distributions from a trust, the trustee has breached a duty of care owed to a beneficiary, and the violation of that duty is a breach of trust. In re Trust Created by Augustin, 27 Neb. App. 593, 935 N.W.2d 493 (2019).
Under subsection
(b)of this section, the court has various options available to remedy a violation by a trustee of a duty the trustee owes to a beneficiary. In re Louise v. Steinhoefel Trust, 22 Neb. App. 293, 854 N.W.2d 792 (2014).