Ind. Code » Title 30
Indiana Code

Ind. Code § 30-4-3-11 (2026)

Potential liability of trustee to beneficiary; remedies; removal of trustee

✓ current as of May 2026
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     Sec. 11. (a) The trustee is accountable to the beneficiary for the trust estate.

     (b) If the trustee commits a breach of trust, the trustee is liable to the beneficiary for:

(1) any loss or depreciation in the value of the trust property as a result of the breach;

(2) any profit made by the trustee through the breach;

(3) any reasonable profit which would have accrued on the trust property in the absence of a breach; and

(4) reasonable attorney's fees incurred by the beneficiary in bringing an action on the breach.

     (c) In the absence of a breach of trust, the trustee has no liability to the beneficiary either for any loss or depreciation in value of the trust property or for a failure to make a profit. However, if:

(1) a loss or depreciation in value of the trust property; or

(2) the trust's failure to make a profit;

is the result of a violation by the trustee of IC 28-1-12-8 or IC 28-6.1-6-26, one (1) or more beneficiaries of the trust may petition the court for any remedy described in subsection (b) or for removal of the trustee under section 22(a)(4) of this chapter, regardless of whether the transaction under IC 28-1-12-8 or IC 28-6.1-6-26 constitutes or involves a breach of trust. The court may award one (1) or more remedies described in subsection (b) or remove the trustee, or both, if the court determines that the remedy or the removal of the trustee is in the best interests of all beneficiaries of the trust. The burden of proof is on the one (1) or more petitioning beneficiaries to demonstrate that the remedy or the removal of the trustee is in the best interests of all beneficiaries of the trust.

     (d) The trustee is liable to the beneficiary for acts of an agent which, if committed by the trustee, would be a breach of the trust if the trustee:

(1) directs or permits the act of the agent;

(2) delegates the authority to perform an act to the agent which the trustee is under a duty not to delegate;

(3) fails to use reasonable care in the selection or retention of the agent;

(4) fails to exercise proper supervision over the conduct of the agent;

(5) approves, acquiesces in, or conceals the act of the agent; or

(6) fails to use reasonable effort to compel the agent to reimburse the trust estate for any loss or to account to the trust estate for any profit.

Formerly: Acts 1971, P.L.416, SEC.4. As amended by P.L.202-2007, SEC.4; P.L.226-2007, SEC.23; P.L.3-2008, SEC.228.

 

Notes of Decisions
Cited in 9 cases, 1988–2019 · leading case: Eiteljorg v. Eiteljorg, 951 N.E.2d 565 (Ind. Ct. App. 2011).
Sort: Relevance Newest Treatment
Eiteljorg v. Eiteljorg, 951 N.E.2d 565 (Ind. Ct. App. 2011). · cites it 16× “See Ind.Code Ann. § 30-4-3-11 (West 2009). Restatement section 205 provides: If the trustee commits a breach of trust, he is chargeable with (a) any loss or depreciation in value of the trust estate resulting from the breach of trust; or (b) any profit made by him through the…”
Malachowski v. Bank One, Indianapolis, N.A., 682 N.E.2d 530 (Ind. 1997). · cites it 2× “Disposition of this issue under Indiana Code Section 30-4-3-22 renders unnecessary any discussion as to the merits of the beneficiaries’ claim under Indiana Code Section 30-4-3-11. 3 . This Court stated that “a court passing on the question of allowances ought to consider not…”
Thomas Bunger as Pers. Rep. of the Est. of Kenneth K. Kinney, & Cheryl Underwood v. Sheree Demming, 40 N.E.3d 887 (Ind. Ct. App. 2015). · cites it 2× “2d at 184 (citing Ind.Code § 30-4-3-11(b)). We went on to say that -section of the trust code "applies to the fiduciary obligations of a personal representative to an estate, its creditors, and beneficiaries.”
Bender v. Bender, 844 N.E.2d 170 (Ind. Ct. App. 2006). “*185 Indiana Code 30-4-3-11(b). This code applies to the fiduciary obligations of a personal representative to an estate, its creditors, and beneficiaries.”
Waterfield v. Trust Co. of Oxford, 960 N.E.2d 800 (Ind. Ct. App. 2011). · cites it 2× “, Ind.Code § 30-4-3-11(b) (“If the trustee commits a breach of trust, the trustee is liable to the beneficiary for: (1) any loss or depreciation in the value of the trust property as a result of the breach.”
Dorothy Edwards Realtors, Inc. v. McAdams, 525 N.E.2d 1248 (Ind. Ct. App. 1988). “The only statutes on which the McAdamses might possibly rely, and they have not done so, are Ind. Code 30-4-3-11(b)(4) (1982) and IC XX-X-X-XX(e) *1253 which allow for reasonable attorney fees incurred in successfully maintaining a suit for breach of trust.”
Lincoln Nat'l Bank & Trust Co. v. Shriner's Hospitals for Crippled Child., 588 N.E.2d 597 (Ind. Ct. App. 1992). “CODE § 30-4-3-11(b)(4) (1988 Ed.). Since the evidence supports a conclusion that the trustee, Lincoln, committed a breach of trust, there is no error in awarding attorney's fees to the beneficiaries.”
In Re: The Scott David Hurwich 1986 Irrevocable Trust Scott D. Hurwich v. Stacey MacDonald (mem. dec.) (Ind. Ct. App. 2019). · cites it 2× “[26] Indiana Code Section 30-4-3-11(b)(4) provides that, “[i]f the trustee commits a breach of trust, the trustee is liable to the beneficiary for .”
Richard C. Gallops & Patricia A. Gallops v. David Hubbard, Pers. Rep. of the Est. of Thelma M. Hubbard (Ind. Ct. App. 2012). · cites it 2× “7 The Bender court noted that, as a matter of deterrence, equity demands that the fiduciary personally pay for the attorney’s 7 The Bender court cited Indiana Code Section 30-4-3-11(b), which states that a trustee who commits a breach of trust is liable to the trust beneficiary…”
Ind. Code § 30-4-3-11(b): 5 cases
Eiteljorg v. Eiteljorg, 951 N.E.2d 565 (Ind. Ct. App. 2011). “See Ind.Code Ann. § 30-4-3-11 (West 2009). Restatement section 205 provides: If the trustee commits a breach of trust, he is chargeable with (a) any loss or depreciation in value of the trust estate resulting from the breach of trust; or (b) any profit made by him through the…”
Thomas Bunger as Pers. Rep. of the Est. of Kenneth K. Kinney, & Cheryl Underwood v. Sheree Demming, 40 N.E.3d 887 (Ind. Ct. App. 2015). “2d at 184 (citing Ind.Code § 30-4-3-11(b)). We went on to say that -section of the trust code "applies to the fiduciary obligations of a personal representative to an estate, its creditors, and beneficiaries.”
Bender v. Bender, 844 N.E.2d 170 (Ind. Ct. App. 2006). “*185 Indiana Code 30-4-3-11(b). This code applies to the fiduciary obligations of a personal representative to an estate, its creditors, and beneficiaries.”
Waterfield v. Trust Co. of Oxford, 960 N.E.2d 800 (Ind. Ct. App. 2011). “, Ind.Code § 30-4-3-11(b) (“If the trustee commits a breach of trust, the trustee is liable to the beneficiary for: (1) any loss or depreciation in the value of the trust property as a result of the breach.”
Richard C. Gallops & Patricia A. Gallops v. David Hubbard, Pers. Rep. of the Est. of Thelma M. Hubbard (Ind. Ct. App. 2012). “7 The Bender court noted that, as a matter of deterrence, equity demands that the fiduciary personally pay for the attorney’s 7 The Bender court cited Indiana Code Section 30-4-3-11(b), which states that a trustee who commits a breach of trust is liable to the trust beneficiary…”
Ind. Code § 30-4-3-11(b)(3): 1 case
Eiteljorg v. Eiteljorg, 951 N.E.2d 565 (Ind. Ct. App. 2011). “See Ind.Code Ann. § 30-4-3-11 (West 2009). Restatement section 205 provides: If the trustee commits a breach of trust, he is chargeable with (a) any loss or depreciation in value of the trust estate resulting from the breach of trust; or (b) any profit made by him through the…”
Ind. Code § 30-4-3-11(b)(4): 4 cases
Eiteljorg v. Eiteljorg, 951 N.E.2d 565 (Ind. Ct. App. 2011). “See Ind.Code Ann. § 30-4-3-11 (West 2009). Restatement section 205 provides: If the trustee commits a breach of trust, he is chargeable with (a) any loss or depreciation in value of the trust estate resulting from the breach of trust; or (b) any profit made by him through the…”
Dorothy Edwards Realtors, Inc. v. McAdams, 525 N.E.2d 1248 (Ind. Ct. App. 1988). “The only statutes on which the McAdamses might possibly rely, and they have not done so, are Ind. Code 30-4-3-11(b)(4) (1982) and IC XX-X-X-XX(e) *1253 which allow for reasonable attorney fees incurred in successfully maintaining a suit for breach of trust.”
Lincoln Nat'l Bank & Trust Co. v. Shriner's Hospitals for Crippled Child., 588 N.E.2d 597 (Ind. Ct. App. 1992). “CODE § 30-4-3-11(b)(4) (1988 Ed.). Since the evidence supports a conclusion that the trustee, Lincoln, committed a breach of trust, there is no error in awarding attorney's fees to the beneficiaries.”
In Re: The Scott David Hurwich 1986 Irrevocable Trust Scott D. Hurwich v. Stacey MacDonald (mem. dec.) (Ind. Ct. App. 2019). “[26] Indiana Code Section 30-4-3-11(b)(4) provides that, “[i]f the trustee commits a breach of trust, the trustee is liable to the beneficiary for .”
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