Current through P.L. 171-2024
Section 30-4-5-17 - Compensation if trustee breaches trust(a) In a proceeding in which the trustee is found to be in breach of trust, the court may in its discretion either deny him all compensation, allow him a reduced compensation, or allow him full compensation.(b) In the exercise of its discretion under subsection (a) of this section, the court may consider, among others, the following facts: (1) whether the breach of trust was intentional, negligent, or without fault;(2) whether or not the trustee acted in good faith;(3) whether or not the breach of trust resulted in a loss to the trust estate;(4) if a loss results, whether the trustee has indemnified the trust estate; and(5) whether the trustee's services were of value to the trust estate.Formerly: Acts1971 , P.L. 416, SEC.6.