§44D-8-814. Discretionary Powers; Tax Savings
(a) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust instrument, 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 general and specific terms and purposes of the trust and the interests […]
§44D-8-815. General Powers of Trustee
(a) A trustee, without authorization by the court having jurisdiction, may exercise: (1) Powers conferred by the terms of the trust instrument; or
§44D-8-816. Specific Powers of Trustee
Without limiting the authority conferred by section eight hundred fifteen of this article, a trustee has the powers enumerated in the provisions of section three, article five-a, chapter forty-four of this code.
§44D-8-817. Distribution Upon Termination
(a) Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within sixty days after the proposal was sent but only if the […]
§44D-8-808. Powers to Direct
The terms of a trust instrument which confer upon a person other than the grantor of a revocable trust power to direct certain actions of the trustee are governed by the provisions of the West Virginia Uniform Directed Trust Act contained in 44D-8A-801 et seq. of this code.
§44D-8-809. Control and Protection of Trust Property
A trustee shall take reasonable steps to take control of and protect the trust property.
§44D-8-810. Recordkeeping and Identification of Trust Property
(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) of this section, a trustee shall cause the trust property to be designated so that the interest of the trust, to […]
§44D-8-811. Enforcement and Defense of Claims
A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
§44D-8-812. 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.
§44D-8-813. Duty to Inform and Report
(a) A trustee shall keep the current beneficiaries of the trust 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 within a reasonable time respond to a beneficiary’s request for information related to the administration of […]