§44D-6-604. Limitation on Action Contesting Validity of Revocable Trust; Distribution of Trust Property
(a) (1) An interested person may commence a judicial proceeding to contest the validity of a trust that was revocable at the grantor’s death within the earlier of: (A) Two years after the grantor’s death; or
§44D-7-701. Accepting or Declining Trusteeship
(a) Except as otherwise provided in subsection (c) of this section, a person designated as trustee accepts the trusteeship: (1) By substantially complying with a method of acceptance provided in the terms of the trust instrument; or
§44D-7-702. Trustee's Bond
(a) A trustee shall give bond to secure performance of the trustee's duties only if a bond is required by the terms of the trust instrument or if the court having jurisdiction of the trust finds that a bond is needed to protect the interests of the beneficiaries and the court has not dispensed with […]
§44D-7-703. Cotrustees
(a) Unless otherwise provided in the terms of the trust instrument, cotrustees who are unable to reach a unanimous decision may act by majority decision. Unless otherwise provided by the trust instrument, when a dispute arises among trustees as to the exercise or nonexercise of any of their powers and there is no agreement by […]
§44D-7-704. Vacancy in Trusteeship; Appointment of Successor
(a) A vacancy in a trusteeship occurs if: (1) A person designated as trustee rejects the trusteeship;
§44D-7-705. Resignation of Trustee
(a) Unless otherwise provided in the terms of the trust instrument, a trustee may resign without court approval by giving at least thirty days' notice in writing to the grantor, if living, all of the qualified beneficiaries, and all cotrustees, if any. (b) A trustee may resign with the approval of the court having jurisdiction […]
§44D-7-706. Removal of Trustee
(a) The grantor, a cotrustee or a beneficiary may upon petition request the court to remove a trustee, or a trustee may be removed by the court on its own initiative. In the case of a charitable trust, the Attorney General of West Virginia shall also have standing to petition the court to remove a […]
§44D-5-506. Overdue Distribution
(a) In this section, "mandatory distribution" means a distribution of income or principal which the trustee is required to make to a beneficiary under the terms of the trust instrument, including a distribution upon termination of the trust. The term does not include a distribution subject to the exercise of the trustee's discretion even if: […]
§44D-5-507. Personal Obligations of Trustee
Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.
§44D-5-501. Rights of Beneficiary's Creditor or Assignee
To the extent a beneficiary's interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest in a trust by execution or other process against the present or future distributions to or for the benefit of the beneficiary. The court may limit […]