| | | A.__Expenses that were properly incurred in the | | administration of the trust; and |
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| | | B.__To the extent necessary to prevent unjust enrichment of | | the trust, expenses that were not properly incurred in the | | administration of the trust. |
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| | | 2.__Advance by trustee.__An advance by the trustee of money | | for the protection of the trust gives rise to a lien against | | trust property to secure reimbursement with reasonable interest. |
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| | | DUTIES AND POWERS OF TRUSTEE |
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| | | §801.__Duty to administer trust |
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| | | Upon acceptance of a trusteeship, the trustee shall administer | | the trust in good faith, in accordance with its terms and | | purposes and the interests of the beneficiaries and in accordance | | with this Code. |
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| | | 1.__Interests of beneficiaries.__A trustee shall administer | | the trust solely in the interests of the beneficiaries. |
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| | | 2.__Voidable transaction; exceptions.__Subject to the rights | | of persons dealing with or assisting the trustee as provided in | | section 1012, a sale, encumbrance or other transaction involving | | the investment or management of trust property entered into by | | the trustee for the trustee's own personal account or that is | | otherwise affected by a conflict between the trustee's fiduciary | | and personal interests is voidable by a beneficiary affected by | | the transaction unless: |
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| | | A.__The transaction was authorized by the terms of the | | trust; |
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| | | B.__The transaction was approved by the court; |
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| | | C.__The beneficiary did not commence a judicial proceeding | | within the time allowed by section 1005; |
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| | | D.__The beneficiary consented to the trustee's conduct, | | ratified the transaction, or released the trustee in | | compliance with section 1009; or |
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| | | E.__The transaction involves a contract entered into or | | claim acquired by the trustee before the person became or | | contemplated becoming trustee. |
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