US Lawyer Database

18-B §703. Cotrustees

§703. Cotrustees 1.  Unanimous decision; majority decision.  Cotrustees who are unable to reach a unanimous decision may act by majority decision.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 2.  Vacancy.  If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust. […]

18-B §704. Vacancy in trusteeship; appointment of successor

§704. Vacancy in trusteeship; appointment of successor 1.  Vacancy.  A vacancy in a trusteeship occurs if:   A. A person designated as trustee rejects the trusteeship;   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] B. A person designated as trustee can not be identified or does […]

18-B §705. Resignation of trustee

§705. Resignation of trustee 1.  Resignation.  A trustee may resign:   A. Upon at least 30 days’ notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] B. With the approval of the court.   […]

18-B §706. Removal of trustee

§706. Removal of trustee 1.  Request to remove trustee.  The settlor, a cotrustee or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] 2.  […]

18-B §707. Delivery of property by former trustee

§707. Delivery of property by former trustee 1.  Duties of former trustee.  Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to the cotrustee, successor trustee or other person entitled to it, a trustee who has resigned or been removed or disqualified has the duties of […]

18-B §708. Compensation of trustee

§708. Compensation of trustee 1.  Reasonable.  If the terms of a trust do not specify the trustee’s compensation, a trustee is entitled to compensation that is reasonable under the circumstances. A percentage fee is allowable under this section only if the fee is reasonable. Among the factors a court may consider as guides in determining […]

18-B §709. Reimbursement of expenses

§709. Reimbursement of expenses 1.  Reimbursement.  A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for:   A. Expenses that were properly incurred in the administration of the trust; and   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] B. […]

18-B §701. Accepting or declining trusteeship

§701. Accepting or declining trusteeship 1.  Acceptance.  Except as otherwise provided in subsection 3, a person designated as trustee accepts the trusteeship:   A. By substantially complying with a method of acceptance provided in the terms of the trust; or   [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, […]

18-B §702. Trustee’s bond

§702. Trustee’s bond 1.  Bond.  A trustee shall give bond to secure performance of the trustee’s duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement.   [PL 2003, […]