Montana § 72-38-1002 - Damages For Breach Of Trust
Full text of Montana Montana Code Annotated § 72-38-1002 — Damages For Breach Of Trust, with citation guidance and answers to common questions.
§ 72-38-1002. Damages For Breach Of Trust
Damages for breach of trust. (1) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of: (a) any loss or depreciation in value of the trust estate resulting from the breach of trust, with interest; (b) the profit the trustee made by reason of the breach of trust, with interest; or (c) any profit that would have accrued to the trust estate if the loss of profit is the result of the breach of trust. (2) 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. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the fiduciary duties of the trustee, the terms or purposes of the trust, or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received. (3) If the trustee is liable for interest pursuant to this section, interest must be determined as the greater of the following amounts: (a) the amount of interest that accrues at the legal rate on judgments; or (b) the amount of interest the trustee actually received as a result of the breach of trust.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 72-38-1002
What does Montana Code Annotated § 72-38-1002 cover?
Section 72-38-1002 ("Damages 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 § 72-38-1002?
A common citation format is "Montana Code Annotated § 72-38-1002" (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 § 72-38-1002 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.