US Lawyer Database

§ 28-69-706. Applicability

This subchapter applies to all trustees regardless of whether the trust was created before, on, or after the date of enactment.

§ 28-69-207. Services provided by affiliates

Any state bank, national bank, or trust company qualified to act as a fiduciary in this state, is hereby specifically authorized to utilize its respective affiliates to provide services for any trust or estate for which the financial institution or trust company acts as a trustee or other fiduciary, provided the financial institution believes, in […]

§ 28-69-301. Definitions

As used in this subchapter: (1) “Environmental law” means any federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment or human health; (2) “Estate” means the estate of the decedent if by reference thereto a provision has been made applicable to the executor or executors of a will and […]

§ 28-69-302. Power of court over fiduciary unaffected

Nothing contained in this subchapter shall be construed to limit the power of a court of competent jurisdiction to prohibit a fiduciary from taking any action or to restrain a fiduciary in the taking of such an action, notwithstanding the authorizations or powers vested in the fiduciary by any written instrument wherein all or any […]

§ 28-69-303. Incorporation by reference authorized — Effect

(a) By a clearly expressed intention of the testator or settlor so to do contained in a will or in an instrument in writing whereby a trust estate is created inter vivos, the language contained in the introductory paragraph of § 28-69-304 and in any one (1) or more of the subdivisions of that section […]

§ 28-69-304. Powers which may be incorporated

Without diminution or restriction of the powers vested in him or her by law, or elsewhere in this instrument, and subject to all other provisions of this instrument, the fiduciary, without the necessity of procuring any judicial authorization therefor, or approval thereof, shall be vested with, and in the application of his or her best […]

§ 28-69-305. Compliance with environmental law

(a) The fiduciary shall be entitled to charge the cost of any inspection, review, abatement, response, cleanup, or remedial action authorized herein in compliance with environmental law against the income or principal of the trust or estate. (b) A fiduciary shall not be personally liable to any beneficiary or other party for any decrease in […]

§ 28-69-401. Consent

(a) By written consent of the settlor and all named beneficiaries of a trust or any part thereof, regardless of any spendthrift or similar protective provisions, the trust or part thereof may be revoked, modified, or terminated upon a finding by the court having jurisdiction over the trust, or otherwise being of competent jurisdiction, that […]

§ 28-69-402. Liability of trustee

A trustee of a trust that is sought to be terminated, modified, or revoked, in whole or in part, pursuant to the terms of this subchapter, may rely on general family benefit accruing to the living named beneficiaries and their families as a basis for approving, or not objecting to, any such revocation, modification, or […]