58a-1001.
Remedies for breach of trust.
(a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(b) To remedy a breach of trust that has occurred or may occur, the court may:
(1) Compel the trustee to perform the trustee's duties;
(2) enjoin the trustee from committing a breach of trust;
(3) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;
(4) order a trustee to account;
(5) appoint a special fiduciary to take possession of the trust property and administer the trust;
(6) suspend the trustee;
(7) remove the trustee as provided in K.S.A. 58a-706, and amendments thereto;
(8) reduce or deny compensation to the trustee;
(9) subject to K.S.A. 58a-1012, and amendments thereto, void an act of the trustee, impose a lien or a constructive trust on trust property or trace trust property wrongfully disposed of and recover the property or its proceeds; or
(10) order any other appropriate relief.
History:
L. 2002, ch. 133, § 76; January 1, 2003.
Notes of Decisions
Cited in
8
cases (
4 in the last 5 years), 2006–2024 · leading case:
Roenne v. Miller, 475 P.3d 708 (Kan. Ct. App. 2020).
Roenne v. Miller, 475 P.3d 708 (Kan. Ct. App. 2020).
“Various remedies for a breach of trust are listed in K.S.A. 58a-1001. The statute lists some specific remedies that a court can order, including compelling the trustee to pay money, voiding an act of the trustee, recovering trust property wrongfully disposed of or distributed,…”
Case v. Hilgers Ex Rel. Blanche A. Hilgers Trust (In Re Hilgers), 352 B.R. 298 (Bankr. D. Kan. 2006).
· cites it 2× “*309 Section 58a-1001(b) empowers the Court to order a trustee to perform his duties, as provided: To remedy a breach of trust that has occurred or may occur, the court may: (1) Compel the trustee to perform the trustee’s duties; .”
Kastner v. Intrust Bank, 569 F. App'x 593 (10th Cir. 2014).
“Kan. Stat. Ann. § 58a-1001. The KUTC further provides that the Uniform Prudent Investor Act (“UPIA”) governs the investment and management of trust assets.”
In re Est. of Mouchague, 442 P.3d 125 (Kan. Ct. App. 2019).
“K.S.A. 58a-1001(a). The Kansas Uniform Trust Code charges the trustee with a duty to prosecute or defend legal actions to protect trust property.”
Miller v. Miller (Kan. Ct. App. 2024).
· cites it 4× “The district court first voided the transfer of the mineral interests under its authority to void an act of the trustee and recover property wrongfully disposed of under K.S.A. 58a-1001(a), ordering Brad and Amy to "[r]eturn the oil interests of the trust to the trust.”
In re Bradley Trust (Kan. Ct. App. 2021).
· cites it 2× “" K.S.A. 58a-1001(a). If a breach occurs, a court may remedy the breach by, among other things, removing the trustee as provided in K.”
In re Trust of Zweygardt (Kan. Ct. App. 2022).
“58a-706(b)(1) provides that a court may remove a trustee if "[t]he trustee has committed a breach of trust.”
Sarkesian v. Sarkesian (D. Kan. 2022).
“Count II seeks an order directing Defendant to provide an accounting, to perform his duties as trustee by distributing one-half of the trusts’ properties to Plaintiff as a qualified beneficiary, to remedy the damages caused by the breach of trust, and any other necessary relief…”
— K.S.A. § 58a-1001(a) — 4 cases
In re Est. of Mouchague, 442 P.3d 125 (Kan. Ct. App. 2019).
“K.S.A. 58a-1001(a). The Kansas Uniform Trust Code charges the trustee with a duty to prosecute or defend legal actions to protect trust property.”
Miller v. Miller (Kan. Ct. App. 2024).
“The district court first voided the transfer of the mineral interests under its authority to void an act of the trustee and recover property wrongfully disposed of under K.S.A. 58a-1001(a), ordering Brad and Amy to "[r]eturn the oil interests of the trust to the trust.”
In re Bradley Trust (Kan. Ct. App. 2021).
“" K.S.A. 58a-1001(a). If a breach occurs, a court may remedy the breach by, among other things, removing the trustee as provided in K.”
In re Trust of Zweygardt (Kan. Ct. App. 2022).
“58a-706(b)(1) provides that a court may remove a trustee if "[t]he trustee has committed a breach of trust.”
— K.S.A. § 58a-1001(b) — 2 cases
Case v. Hilgers Ex Rel. Blanche A. Hilgers Trust (In Re Hilgers), 352 B.R. 298 (Bankr. D. Kan. 2006).
“*309 Section 58a-1001(b) empowers the Court to order a trustee to perform his duties, as provided: To remedy a breach of trust that has occurred or may occur, the court may: (1) Compel the trustee to perform the trustee’s duties; .”
Miller v. Miller (Kan. Ct. App. 2024).
“The district court first voided the transfer of the mineral interests under its authority to void an act of the trustee and recover property wrongfully disposed of under K.S.A. 58a-1001(a), ordering Brad and Amy to "[r]eturn the oil interests of the trust to the trust.”
— K.S.A. § 58a-1001(b)(7) — 1 case
In re Bradley Trust (Kan. Ct. App. 2021).
“" K.S.A. 58a-1001(a). If a breach occurs, a court may remedy the breach by, among other things, removing the trustee as provided in K.”
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