(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.
Indiana Legal Code