State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 16440-16442

PROBATE CODE
SECTION 16440-16442



16440.  (a) If the trustee commits a breach of trust, the trustee is
chargeable with any of the following that is appropriate under the
circumstances:
   (1) Any loss or depreciation in value of the trust estate
resulting from the breach of trust, with interest.
   (2) Any profit made by the trustee through the breach of trust,
with interest.
   (3) Any profit that would have accrued to the trust estate if the
loss of profit is the result of the breach of trust.
   (b) If the trustee has acted reasonably and in good faith under
the circumstances as known to the trustee, the court, in its
discretion, may excuse the trustee in whole or in part from liability
under subdivision (a) if it would be equitable to do so.




16441.  (a) If the trustee is liable for interest pursuant to
Section 16440, the trustee is liable for the greater of the following
amounts:
   (1) The amount of interest that accrues at the legal rate on
judgments in effect during the period when the interest accrued.
   (2) The amount of interest actually received.
   (b) If the trustee has acted reasonably and in good faith under
the circumstances as known to the trustee, the court, in its
discretion, may excuse the trustee in whole or in part from liability
under subdivision (a) if it would be equitable to do so.




16442.  The provisions in this article for liability of a trustee
for breach of trust do not prevent resort to any other remedy
available under the statutory or common law.