§ 30-4-5-17 — Compensation if trustee breaches trust

(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.
Formerly: Acts 1971, P.L.416, SEC.6.