§ 35-15-204. Venue
Except as otherwise provided in subsection (b), venue for a judicial proceeding involving a trust is in the county of this state in which the trust’s principal place of administration is or will be located and, if the trust is created by will and the estate is not yet closed, in the county in which […]
§ 35-15-205. Petition for Final Accounting Upon Resignation or Removal of Trustee or Termination of Trust
If the trustee resigns, is removed, or upon the full or partial termination of the trust, a qualified beneficiary or successor trustee may petition the court to require the trustee transferring or distributing the trust to appear before the court for a final accounting. However, a successor trustee shall not have any obligation to petition […]
§ 35-15-301. Representation — Basic Effect
Notice to a person who may represent and bind another person under this chapter has the same effect as if notice were given directly to the other person. The consent of a person who may represent and bind another person under this chapter is binding on the person represented unless the person represented objects to […]
§ 35-15-302. Representation by Holder of Power of Appointment — “General Power of Appointment” Defined
To the extent there is no material conflict of interest between the holder of a power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power. Notwithstanding this section […]
§ 35-15-303. Representation by Fiduciaries and Parents
To the extent there is no material conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute: A conservator may represent and bind the estate that the conservator controls; A guardian may represent and bind the ward if a conservator of the […]
§ 35-15-304. Representation by Person Having Substantially Identical Interest
Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no material conflict of interest […]
§ 35-15-305. Appointment of Representative
If the court determines that an interest is not represented under this chapter, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location […]
§ 35-15-401. Methods of Creating Trust
A trust may be created by: The transfer of property to another person as trustee during the settlor’s lifetime or by will or other disposition taking effect upon the settlor’s death; The declaration by the owner of property that the owner holds identifiable property as trustee; The exercise of a power of appointment in favor […]
§ 35-15-108. Place of Administration — Sufficient Nexus for a State Jurisdiction Provision — Transfer of Place of Administration
Without limiting or precluding other means for establishing a sufficient connection with a jurisdiction, the terms of a trust designating that jurisdiction’s laws in a state jurisdiction provision are valid and controlling if: A trustee’s principal place of business is located in or a trustee is a resident of the designated jurisdiction; or All or […]
§ 35-15-109. Methods and Waiver of Notice
Notice to a person under this chapter or the sending of a document to a person under this chapter must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, […]