A. A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust. B. To remedy a breach of trust that has occurred or may occur, the court may: (1) compel the trustee to perform the trustee's duties; (2) enjoin the trustee from committing a breach of trust; (3) compel the trustee to redress a breach of trust by paying money, restoring property or other means; (4) order a trustee to account; (5) appoint a special fiduciary to take possession of the trust property and administer the trust; (6) suspend the trustee; (7) remove the trustee as provided in Section 46A-7-706 NMSA 1978; (8) reduce or deny compensation to the trustee; (9) subject to Section 46A-10-1012 NMSA 1978, void an act of the trustee, impose a lien or a constructive trust on trust property or trace trust property wrongfully disposed of and recover the property or its proceeds; or (10) order any other appropriate relief. History: Laws 2003, ch. 122, § 10-1001; 2007, ch. 128, § 25. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, added Subsection B.
New Mexico Legal Code