Remedies for breach of trust

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14-11001. Remedies for breach of trust

A. A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.

B. Except as provided in section 14-7404, 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 14-10706.

8. Reduce or deny compensation to the trustee.

9. Subject to section 14-10706, 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.

10. Order any other appropriate relief.


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