Current through the 2024 Legislative Session
Section 554D-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 proposal informed the beneficiary of the right to object and of the time allowed for objection.(b) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.(c) A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:(1) It was induced by improper conduct of the trustee; or(2) The trustee failed to adequately disclose to the beneficiary, at the time of the release, the material facts relating to the breach or sufficient information to enable the beneficiary to know of a potential claim or to inquire into the existence of a breach or potential claim.(d) A person who receives a distribution from a trust that has terminated shall be liable to return the distribution to the extent that it is subsequently determined that the person was not entitled to the distribution. Added by L 2021, c 32,§ 2, eff. 1/1/2022.