US Lawyer Database

Sec. 40. An exercise of the decanting power must be made in a record signed by an authorized fiduciary. The signed record must:

(1) directly or indirectly reference the notice required by section 35 of this chapter;

(2) identify the first trust and the second trust;

(3) identify and state the property of the first trust being distributed to each second trust; and

(4) identify the property that remains in the first trust.

As added by P.L.161-2022, SEC.3.