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Remedies Against Beneficiary
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1. Misappropriation -- § Beneficiary has misappropriated or otherwise wrongfully dealt with trust property.
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2. Involved with breach -- § 114.031
Consented to breach Participated in breach Agreed to be liable for trustee’s breach
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3. Failure to repay loan or advance § 114.031
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4. Failure to repay excess distribution -- § 114.031
E.g., mistaken payment under §
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5. Breach of contract to contribute to trust -- § 114.031
E.g., beneficiary promises to add his/her own property to the trust and then fails to do so.
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Trustee’s right of offset -- § 114.031
Trustee may offset even if trust has a spendthrift provision.
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