Mississippi Code
Miss. Code Ann. § 91-8-811 (2026)
Enforcement and defense of claims
✓ current as of July 2026
- (a) A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
- (b) A trustee may abandon or assign any claim that it believes is unreasonable to enforce to one or more of the beneficiaries of the trust holding the claim.
Added by Laws, 2014, ch. 421, SB 2727, 69, eff. 7/1/2014.
Notes of Decisions
Cited in 3
cases, 2018–2020 · leading case: Ware v. Ware (In Re Est. of Ware), 238 So. 3d 613 (Miss. 2018).
Ware v. Ware (In Re Est. of Ware), 238 So. 3d 613 (Miss. 2018). “Richard is attempting to prevent assets from being distributed to the trust.”
State of Mississippi v. United States (Fed. Cl. 2020). “177 (2009) (takings claim brought by trustees on behalf of trusts); see also Miss. Code § 91-8-811(a) (“A trustee shall take reasonable steps to enforce claims of the trust”); Restatement (Third) of Trusts § 107 cmt.”
Jones v. Kpmg, LLP (S.D. Miss. 2019). “” See Restatement (Third) of Trusts § 107 (2012); see also Miss. Code Ann. § 91-8-811 (“A trustee shall take reasonable steps to enforce claims of the trust [but a] trustee may abandon or assign any claim that it believes is unreasonable to enforce to one or more of the…”
— Miss. Code Ann. § 91-8-811(a) — 1 case
State of Mississippi v. United States (Fed. Cl. 2020). “177 (2009) (takings claim brought by trustees on behalf of trusts); see also Miss. Code § 91-8-811(a) (“A trustee shall take reasonable steps to enforce claims of the trust”); Restatement (Third) of Trusts § 107 cmt.”
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