PART X.  LIABILITY OF TRUSTEES AND RIGHTS OF

PERSONS DEALING WITH TRUSTEE

     [§554D‑1001]  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.  A breach of trust may occur by reason of an action or by reason of a failure to act.

     (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 554D-706;

     (8)  Reduce or deny compensation to the trustee;

     (9)  Subject to section 554D-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;

    (10)  Order that the trustee, not the trust, shall bear the trustee's attorney's fees and those incurred by other parties to the trust; or

    (11)  Order any other appropriate relief, including punitive damages.

     (c)  The court, for cause shown, may relieve a trustee from liability for any breach of trust or wholly or partly excuse a trustee who has acted honestly and reasonably from liability for a breach of trust. [L 2021, c 32, pt of §2]