Miss. Code § 91-8-1107

Current through the 2024 Regular Session
Section 91-8-1107 - Alter ego
(a) Absent clear and convincing evidence, no settlor of an irrevocable trust may be deemed to be the alter ego of a trustee of such trust.
(b) None of the following factors, by themselves or in combination, may be considered sufficient evidence for a court to conclude that the settlor controls a trustee, or is the alter ego of a trustee of such trust:
(1) Any combination of the factors listed in Section 91-8-1108 regarding dominion and control over a trust;
(2) Isolated occurrences where the settlor has signed checks, made disbursements, or executed other documents related to the trust as a trustee, a trust advisor or a trust protector, when in fact the settlor was not a trustee, trust advisor or trust protector;
(3) Making any requests for distributions on behalf of beneficiaries; or
(4) Making any requests to the trustee to hold, purchase, or sell any trust property.

Miss. Code § 91-8-1107

Added by Laws, 2014, ch. 421, SB 2727, 95, eff. 7/1/2014.