Montana Code 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.
Terms Used In Montana Code 72-38-1001
- Fiduciary: A trustee, executor, or administrator.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein. See Montana Code 72-38-103
- Trustee: A person or institution holding and administering property in trust.
- Trustee: includes an original, additional, and successor trustee and a cotrustee. See Montana Code 72-38-103
(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.