1. (a) A trustee is entitled to be reimbursed out of the trust property, with interest at the legal rate as appropriate, for:

   1. (1) expenses that were properly incurred in the administration of the trust; and
   2. (2) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.
2. (b) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.
3. (c) A prospective trustee is entitled to be reimbursed from trust property for expenses reasonably incurred by the prospective trustee pursuant to Section 62-7-701(c) to protect or investigate the trust assets before deciding whether or not to accept the trusteeship.

HISTORY: 2005 Act No. 66, SECTION 1; 2010 Act No. 244, SECTION 52, eff June 7, 2010; 2013 Act No. 100, SECTION 2, eff January 1, 2014.

Effect of Amendment

The 2010 amendment added subsection (c) relating to reimbursement of prospective trustees for certain expenses.

Part 8

Duties and Powers of Trustee