58a-807 Delegation by trustee.
58a-807. Delegation by trustee. (a) A trustee may delegate duties and powers, other than investment and management functions, that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in: (1) Selecting an agent; (2) establishing the scope and terms of the delegation, consistent […]
58a-1004 Attorney fees and costs.
58a-1004. Attorney fees and costs. In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney fees, to any party, to be paid by another party or from the trust that is the subject of the controversy. History: L. 2002, […]
58a-808 Powers to direct.
58a-808. Powers to direct. (a) While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust. (b) If the terms of a trust confer upon a person other than the settlor of a revocable trust power to direct certain actions of the trustee, […]
58a-809 Control and protection of trust property .
58a-809. Control and protection of trust property . A trustee shall take reasonable steps to take control of and protect the trust property. History: L. 2002, ch. 133, § 66; Jan. 1, 2003.
58a-810 Recordkeeping and identification of trust property; property acquisition and conveyance.
58a-810. Recordkeeping and identification of trust property; property acquisition and conveyance. (a) A trustee shall keep adequate records of the administration of the trust. (b) A trustee shall keep trust property separate from the trustee’s own property. (c) Except as otherwise provided in subsection (d), a trustee shall cause the trust property to be designated […]
58a-811 Enforcement and defense of claims.
58a-811. Enforcement and defense of claims. A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust. History: L. 2002, ch. 133, § 68; Jan. 1, 2003.
58a-812 Collecting trust property.
58a-812. Collecting trust property. A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to redress a breach of trust known to the trustee to have been committed by a former trustee. History: L. 2002, ch. 133, § 69; Jan. 1, 2003.
58a-813 Duty to inform and report.
58a-813. Duty to inform and report. (a) As provided in this section, a trustee shall keep the qualified beneficiaries reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, a trustee shall promptly respond to a qualified beneficiary’s request for […]
58a-814 Discretionary powers.
58a-814. Discretionary powers. Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as “absolute,” “sole,” or “uncontrolled,” the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the […]
58a-815 General powers of trustee.
58a-815. General powers of trustee. (a) A trustee, without authorization by the court, may exercise: (1) Powers conferred by the terms of the trust; and (2) except as limited by the terms of the trust: (A) All powers over the trust property which an unmarried competent owner has over individually owned property; (B) any other […]