Montana Code Annotated
Part 10. Liability of Trustees and Rights of Persons Dealing with Trustee
72-38-1001. Remedies for breach of trust

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.
History: En. Sec. 118, Ch. 264, L. 2013.

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