Current through the 2024 Regular Session
Section 91-8-201 - Role of court in administration of trust(a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.(b) A trust is not subject to continuing judicial supervision unless ordered by the court.(c) 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;(2) Determine the existence or nonexistence of any immunity, power, privilege, duty or right;(3) Approve a nonjudicial settlement;(4) Interpret or construe the terms of the trust;(5) Determine the validity of a trust or of any of its terms;(6) Approve a trustee's report or accounting or compel a trustee to report or account;(7) Direct a trustee to refrain from performing a particular act or grant to a trustee any necessary or desirable power;(8) Review the actions or approve the proposed actions of a trustee, including the exercise of a discretionary power;(9) Accept the resignation of a trustee;(10) Appoint or remove a trustee;(11) Determine a trustee's compensation;(12) Transfer a trust's principal place of administration or a trust's property to another jurisdiction;(13) 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;(14) Modify or terminate a trust;(15) Combine trusts or divide a trust;(16) Determine liability of a trust for debts of a beneficiary and living settlor;(17) Determine liability of a trust for debts, expenses of administration, and statutory allowances chargeable against the estate of a deceased settlor;(18) Determine the liability of a trust for claims, expenses and taxes in connection with the settlement of a trust that was revocable at the settlor's death; and(19) Ascertain beneficiaries and determine to whom property will pass upon final or partial termination of a trust.Added by Laws, 2014, ch. 421, SB 2727, 13, eff. 7/1/2014.