Title 53, Chapter 7, Section 54
( 53-7-54)
(a) If a personal representative or temporary administrator commits
a breach of fiduciary duty or threatens to commit a breach of
fiduciary duty, a beneficiary of a testate estate or heir of an
intestate estate shall have a cause of action: (1) To recover damages; (2) To compel the performance of the personal representative's or
temporary administrator's duties; (3) To enjoin the commission of a breach of fiduciary duty; (4) To compel the redress of a breach of fiduciary duty by payment
of money or otherwise; (5) To appoint another personal representative or temporary
administrator to take possession of the estate property and
administer the estate; (6) To remove the personal representative or temporary
administrator; and (7) To reduce or deny compensation to the personal representative
or temporary administrator. (b) When estate assets are misapplied and can be traced in the hands
of persons affected with notice of misapplication, a trust shall
attach to the assets. (c) The provision of remedies for breach of fiduciary duty by this
Code section does not prevent resort to any other appropriate remedy
provided by statute or common law. |