2018 Maryland Code
Estates and Trusts
Title 14.5. Maryland Trust Act.
Subtitle 8 - Duties and Powers of Trustee.
§ 14.5-812. Breach of trust.

  • (a) Not liable for breach by former trustee. -- A trustee is not liable to the beneficiary for a breach of trust committed by a former trustee.

  • (b) Liability in general. -- A trustee is liable to the beneficiary for a breach of trust if the trustee:

    • (1) Knows or should know of a situation constituting a breach of trust committed by a former trustee and the trustee improperly permits it to continue;

    • (2) Neglects to take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee; or

    • (3) Neglects to take reasonable steps to redress a breach of trust committed by a former trustee.

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