LD 921
pg. 23
Page 22 of 58 PUBLIC Law Chapter 618 Page 24 of 58
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LR 466
Item 1

 
A.__Three years after the settlor's death; or

 
B.__One hundred and twenty days after the trustee sent the
person a copy of the trust instrument and a notice informing
the person of the trust's existence, of the trustee's name
and address and of the time allowed for commencing a
proceeding.

 
2.__Trustee liability for distributions.__Upon the death of
the settlor of a trust that was revocable at the settlor's death,
the trustee may proceed to distribute the trust property in
accordance with the terms of the trust. The trustee is not
subject to liability for doing so unless:

 
A.__The trustee knows of a pending judicial proceeding
contesting the validity of the trust; or

 
B.__A potential contestant has notified the trustee of a
possible judicial proceeding to contest the trust and a
judicial proceeding is commenced within 60 days after the
contestant sent the notification.

 
3.__Beneficiary to return distribution.__A beneficiary of a
trust that is determined to have been invalid is liable to return
any distribution received.

 
CHAPTER 7

 
OFFICE OF TRUSTEE

 
§701.__Accepting or declining trusteeship

 
1.__Acceptance.__Except as otherwise provided in subsection 3,
a person designated as trustee accepts the trusteeship:

 
A.__By substantially complying with a method of acceptance
provided in the terms of the trust; or

 
B.__If the terms of the trust do not provide a method or the
method provided in the terms is not expressly made
exclusive, by accepting delivery of the trust property,
exercising powers or performing duties as trustee or
otherwise indicating acceptance of the trusteeship.

 
2.__Rejection.__A person designated as trustee who has not yet
accepted the trusteeship may reject the trusteeship.__A
designated trustee who does not accept the trusteeship within a
reasonable time after knowing of the designation is deemed to
have rejected the trusteeship.


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