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Remedies Against Beneficiary

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Remedies Against Beneficiary

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  1. Remedies Against Beneficiary

  2. 1. Misappropriation -- § 114.031 • Beneficiary has misappropriated or otherwise wrongfully dealt with trust property.

  3. 2. Involved with breach -- § 114.031 • Consented to breach • Participated in breach • Agreed to be liable for trustee’s breach

  4. 3. Failure to repay loan or advance § 114.031

  5. 4. Failure to repay excess distribution -- § 114.031 • E.g., mistaken payment under § 114.004.

  6. 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.

  7. Trustee’s right of offset -- § 114.031 • Trustee may offset even if trust has a spendthrift provision.