| | | §706.__Removal of trustee |
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| | | 1.__Request to remove trustee.__The settlor, a cotrustee or a | | beneficiary may request the court to remove a trustee, or a | | trustee may be removed by the court on its own initiative. |
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| | | 2.__Removal by court.__The court may remove a trustee if: |
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| | | A.__The trustee has committed a serious breach of trust; |
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| | | B.__Lack of cooperation among cotrustees substantially | | impairs the administration of the trust; |
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| | | C.__Because of unfitness, unwillingness or persistent | | failure of the trustee to administer the trust effectively, | | the court determines that removal of the trustee best serves | | the interests of the beneficiaries; or |
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| | | D.__There has been a substantial change of circumstances or | | removal is requested by all of the qualified beneficiaries, | | the court finds that removal of the trustee best serves the | | interests of all of the beneficiaries and is not | | inconsistent with a material purpose of the trust, and a | | suitable cotrustee or successor trustee is available. |
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| | | 3.__Appropriate relief.__Pending a final decision on a request | | to remove a trustee, or in lieu of or in addition to removing a | | trustee, the court may order such appropriate relief under | | section 1001, subsection 2 as may be necessary to protect the | | trust property or the interests of the beneficiaries. |
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| | | §707.__Delivery of property by former trustee |
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| | | 1.__Duties of former trustee.__Unless a cotrustee remains in | | office or the court otherwise orders, and until the trust | | property is delivered to the cotrustee, successor trustee or | | other person entitled to it, a trustee who has resigned or been | | removed or disqualified has the duties of a trustee and the | | powers necessary to protect the trust property. |
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| | | 2.__Expeditious delivery.__A trustee who has resigned or been | | removed or disqualified shall proceed expeditiously to deliver | | the trust property within the trustee's possession to the | | cotrustee, successor trustee or other person entitled to it. |
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| | | §708.__Compensation of trustee |
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| | | 1.__Reasonable.__If the terms of a trust do not specify the | | trustee's compensation, a trustee is entitled to compensation | | that is reasonable under the circumstances.__A percentage fee is |
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