Title 53, Chapter 12, Section 195
( 53-12-195)
(a) A successor trustee is liable to the beneficiary for breach of
trust involving acts or omissions of a predecessor trustee only: (1) If the successor trustee knows or reasonably should have known
of a situation constituting a breach of trust committed by the
predecessor trustee and the successor trustee improperly permits
it to continue; (2) If the successor trustee neglects to take reasonable steps to
compel the predecessor to deliver the trust property to the
successor trustee; or (3) If the successor trustee neglects to take reasonable steps to
redress a breach of trust committed by the predecessor trustee in
a case where the successor trustee knows or reasonably should have
known of the predecessor trustee's breach. (b) A trustee succeeding a trustee who was also the grantor is not
liable to the beneficiary for any action taken or omitted to be
taken by the prior trustee; nor does such successor trustee have a
duty to institute any action against such prior trustee or to file
any claim against such prior trustee's estate for any of the prior
trustee's acts or omissions as trustee. This subsection applies
only with respect to a trust or any portion of a trust that was
revocable by the grantor during the time that the grantor served as
trustee and committed the act or omission. |