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What is the penalty for breach of trust in South Carolina?
South Carolina Code 16-13-230: Breach of Trust with Fraudulent Intent Property ValueOffense LevelImprisonment Less than $2,000 Misdemeanor Up to 30 days $2,000 - $10,000 Felony Maximum of 5 years $10,000 or more Felony Maximum of 10 years
What is the crime of violation of trust?
A breach of trust occurs when an individual who has been entrusted with another persons assets or information fails to act in the best interests of that person, often resulting in financial loss or harm.
What is the charge of breach of trust in SC?
Breach of trust with fraudulent intent is covered under South Carolina Criminal Code 16-13-230. This offense is South Carolinas version of Embezzlement and can be a misdemeanor or felony depending on the value of the property taken.
What are the charges for breach of trust?
When a trust breach occurs, a probate court can impose serious consequences and penalties, including suspension or removal as trustee or being surcharged probate for being ordered to pay money for damages caused by the breach. In rare and extreme cases, trustees can even face criminal charges.
What happens when you breach trust?
A breach of trust occurs when a trustee contravenes the terms of the trust or the duties of a trustee. Trustees are jointly and severally liable for breach of trust to their beneficiaries where the breach has given rise to a loss.
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In South Carolina certain trusts, particularly the irrevocable ones, can only be terminated upon the permission of the court. This step is important especially where there are disputes among the beneficiaries or the trust does not have a clause that provides for the termination of the trust.
What are the three ways a trust can be terminated?
Natural Trust Termination Upon the settlors death. Upon another stated event. Upon conclusion of maximum legal term.
What is a revocation of living trust?
If you created an individual living trust, you can revoke it at any time. Either grantor can revoke a shared trust, wiping out all terms of the trust. The trust property is returned to each person ing to how they owned it before transferring it to the trust.
Related links
South Carolina Trust Code
(13) Revocable, as applied to a trust, means revocable by the settlor without the consent of the trustee or a person holding an adverse interest. (14)
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