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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 456

previous next Effective - 01 Jan 2005, see footnotebottom

  456.2-202.  Jurisdiction over trustee and beneficiary. — 1.  By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits personally to the jurisdiction of the courts of this state regarding the administration of the trust during any period that the principal place of administration is located in this state.

  2.  With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the courts of this state regarding any proceeding involving the administration of the trust.  By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this state regarding any proceeding involving the administration of the trust.

  3.  A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including, but not limited to a proceeding to:

  (1)  request instructions or declare rights;

  (2)  approve a nonjudicial settlement;

  (3)  interpret or construe the terms of the trust;

  (4)  determine the validity of a trust or of any of its terms;

  (5)  approve a trustee's report or accounting or compel a trustee to report or account;

  (6)  direct a trustee to refrain from performing a particular act or grant to a trustee any necessary or desirable power;

  (7)  review the actions of a trustee, including the exercise of a discretionary power;

  (8)  accept the resignation of a trustee;

  (9)  appoint or remove a trustee;

  (10)  determine a trustee's compensation;

  (11)  determine the liability of a trustee for an action relating to the trust and compel redress of a breach of trust by any available remedy;

  (12)  modify or terminate a trust;

  (13)  combine trusts or divide a trust;

  (14)  determine liability of a trust for debts of a beneficiary and living settlor;

  (15)  approve employment and compensation of agents;

  (16)  determine the propriety of investments or of principal and income allocations;

  (17)  ascertain the identity of trust beneficiaries or the respective beneficial interests of trust beneficiaries;

  (18)  release of trust registration or change of the trust's principal place of administration;

  (19)  determine the timing and quantity of distributions and dispositions of assets;

  (20)  determine the validity and effect of alienations by beneficiaries, by exercise of powers of appointment or otherwise; or

  (21)  appoint a representative for a beneficiary.

  4.  This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.

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(L. 2004 H.B. 1511)

Effective 1-01-05


---- end of effective   01 Jan 2005 ----

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