Montana § 72-38-1001 - Remedies For Breach Of Trust
Full text of Montana Montana Code Annotated § 72-38-1001 — Remedies For Breach Of Trust, with citation guidance and answers to common questions.
§ 72-38-1001. Remedies For Breach Of Trust
Remedies for breach of trust. (1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. (2) To remedy a breach of trust that has occurred or may occur, the court may: (a) compel the trustee to perform the trustee's duties; (b) enjoin the trustee from committing a breach of trust; (c) compel the trustee to redress a breach of trust by paying money, restoring property, or other means; (d) order a trustee to account; (e) appoint a special fiduciary to take possession of the trust property and administer the trust; (f) suspend the trustee; (g) remove the trustee as provided in 72-38-706 ; (h) reduce or deny compensation to the trustee; (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 (j) order any other appropriate relief.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 72-38-1001
What does Montana Code Annotated § 72-38-1001 cover?
Section 72-38-1001 ("Remedies For Breach Of Trust") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 72-38-1001?
A common citation format is "Montana Code Annotated § 72-38-1001" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 72-38-1001 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.