View Our Newest Version Here

2006 Kansas Code - 58a-1001

      58a-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.

      (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 K.S.A. 58a-706, and amendments thereto;

      (8)   reduce or deny compensation to the trustee;

      (9)   subject to K.S.A. 58a-1012, and amendments thereto, 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

      (10)   order any other appropriate relief.

      History:   L. 2002, ch. 133, § 76; Jan. 1, 2003.

Disclaimer: These codes may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.