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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(2) To remedy a breach of trust that has occurred or may occur, the court may:
(a) Compel the trustee to perform the trustee's duties;
(b) Enjoin the trustee from committing a breach of trust;
(c) Compel the trustee to redress a breach of trust by paying money, restoring property, being surcharged or sanctioned, or other means;
(d) Order a trustee to account, provide a status or financial report, or provide an inventory;
(e) Appoint a special fiduciary to take possession of the trust property and administer the trust;
(f) Restrain, restrict, or suspend the trustee;
(g) Remove the trustee as provided in section 15-5-706;
(h) Reduce or deny compensation to the trustee or require the trustee to disgorge compensation previously paid;
(i) Subject to section 15-5-1012, void an act of the trustee, impose a lien or constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or
(j) Order other appropriate relief.
(3) If a remedy for a breach of trust is sought by a cotrustee, beneficiary, or interested person, or the court acts sua sponte, the provisions of part 5 of article 10 of this title 15 apply.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 15. Probate, Trusts, and Fiduciaries § 15-5-1001. Remedies for breach of trust - last updated January 01, 2025 | https://codes.findlaw.com/co/title-15-probate-trusts-and-fiduciaries/co-rev-st-sect-15-5-1001/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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