US Lawyer Database

72-39-207. Decanting power under expanded distributive discretion

72-39-207. Decanting power under expanded distributive discretion. (1) In this section: (a) ”Noncontingent right” means a right that is not subject to the exercise of discretion or the occurrence of a specified event that is not certain to occur. The term does not include a right held by a beneficiary if any person has discretion to distribute […]

72-39-208. Decanting power under limited distributive discretion

72-39-208. Decanting power under limited distributive discretion. (1) In this section, “limited distributive discretion” means a discretionary power of distribution that is limited to an ascertainable standard or a reasonably definite standard. (2) An authorized fiduciary that has limited distributive discretion over the principal of the first trust for benefit of one or more current beneficiaries may […]

72-39-209. Trust for beneficiary with disability

72-39-209. Trust for beneficiary with disability. (1) In this section: (a) ”Beneficiary with a disability” means a beneficiary of a first trust who the special-needs fiduciary believes may qualify for governmental benefits based on disability, whether or not the beneficiary currently receives those benefits or is an individual who has been adjudicated incapacitated. (b) ”Governmental benefits” means financial […]