Title 53, Chapter 12, Section 193
( 53-12-193)
(a) A trustee who commits a breach of trust is personally chargeable
with any damages resulting from the breach of trust including but
not limited to: (1) Any loss or depreciation in value of the trust property as a
result of the breach of trust with interest; (2) Any profit made by the trustee through the breach of trust
with interest; (3) Any amount that would reasonably have accrued to the trust or
beneficiary if there had been no breach of trust with interest;
and (4) In the discretion of the court, expenses of litigation,
including reasonable attorney's fees incurred by the beneficiary
in bringing an action on the breach or threat to commit a breach. (b) If the trustee is liable for interest, then the amount of the
liability for interest shall be the greater of the following
amounts: (1) The amount of interest that accrues at the legal rate on
judgments; or (2) The amount of interest actually received. |