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A.__Three years after the settlor's death; or |
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| | | 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. |
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| | | 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: |
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| | | A.__The trustee knows of a pending judicial proceeding | | contesting the validity of the trust; or |
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| | | 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. |
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| | | 3.__Beneficiary to return distribution.__A beneficiary of a | | trust that is determined to have been invalid is liable to return | | any distribution received. |
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| | | §701.__Accepting or declining trusteeship |
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| | | 1.__Acceptance.__Except as otherwise provided in subsection 3, | | a person designated as trustee accepts the trusteeship: |
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| | | A.__By substantially complying with a method of acceptance | | provided in the terms of the trust; or |
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| | | 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. |
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| | | 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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