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2017 Maryland Code
Estates and Trusts
Title 14.5. Maryland Trust Act.
Subtitle 9 - Liability of Trustees and Rights of Persons Dealing With the Trustee.
§ 14.5-902. Extent of liability; contribution.
Universal Citation: MD Est & Trusts Code § 14.5-902 (2017)
- (a) In general. -- A trustee that commits a breach of trust is liable to the beneficiaries affected by the breach for the greater of:
- (1) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or
- (2) The profit the trustee made by reason of the breach.
- (b) Contribution from other trustees. --
- (1) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees that are also liable.
- (2) A trustee that received a benefit from a breach of trust under this subsection is not entitled to contribution from another trustee to the extent of the benefit received.
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