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NEVADA STATUTES AND CODES

163.115 - Breach of trust by trustee: Maintenance of proceeding; permissible purposes for maintenance of proceeding; nonexclusivity of remedies; method of commencing proceeding.

163.115  Breach of trust by trustee: Maintenance of proceeding; permissible purposes for maintenance of proceeding; nonexclusivity of remedies; method of commencing proceeding.

      1.  If a trustee commits or threatens to commit a breach of trust, a beneficiary or cotrustee of the trust may maintain a proceeding for any of the following purposes that is appropriate:

      (a) To compel the trustee to perform his or her duties.

      (b) To enjoin the trustee from committing the breach of trust.

      (c) To compel the trustee to redress the breach of trust by payment of money or otherwise.

      (d) To appoint a receiver or temporary trustee to take possession of the trust property and administer the trust.

      (e) To remove the trustee.

      (f) To set aside acts of the trustee.

      (g) To reduce or deny compensation of the trustee.

      (h) To impose an equitable lien or a constructive trust on trust property.

      (i) To trace trust property that has been wrongfully disposed of and recover the property or its proceeds.

      2.  The provision of remedies in subsection 1 does not preclude resort to any other appropriate remedy provided by statute or common law.

      3.  A proceeding under this section must be commenced by filing a petition under NRS 164.010 and 164.015.

      (Added to NRS by 1999, 2365)

     

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