Ind. Code § 30-4-5-17
Compensation if trustee breaches trust
Indiana · Indiana Code Title 30 — Trusts and Fiduciaries · Status: effective
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- Ind. Code § 30-4-5-17, Compensation if trustee breaches trust, Indiana, version 1 as recorded 2026-09-28, yourstate.us, https://yourstate.us/provision/1668482
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Sec. 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.