{"data":{"id":"us-mt/72-38-1001","jurisdiction":"us-mt","citation":"72-38-1001","heading":"Remedies for breach of trust.","body":"(1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.\n(2) To remedy a breach of trust that has occurred or may occur, the court may:\n(a) compel the trustee to perform the trustee's duties;\n(b) enjoin the trustee from committing a breach of trust;\n(c) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;\n(d) order a trustee to account;\n(e) appoint a special fiduciary to take possession of the trust property and administer the trust;\n(f) suspend the trustee;\n(g) remove the trustee as provided in 72-38-706;\n(h) reduce or deny compensation to the trustee;\n(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\n(j) order any other appropriate relief.","path":["TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS","CHAPTER 38. MONTANA UNIFORM TRUST CODE","Part 10. Liability of Trustees and Rights of Persons Dealing with Trustee"],"source_url":"https://mca.legmt.gov/bills/mca/title_0720/chapter_0380/part_0100/section_0010/0720-0380-0100-0010.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:59:34Z","sha256":"5b1634d2804992a54512bc24565c8dc0ebb56ad6aadc8ecd819c869a2ca405f0","source_id":"us-mt","stale":false,"prev":"us-mt/72-38-906","next":"us-mt/72-38-1002"},"notice":"GroundRules: Original legal text. Not legal advice."}