reglab/housing_qa huggingface dataset:
HI Rev Stat § 554B-5 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-5 Transfer to custodial trustee by fiduciary or obligor, facility of payment.

  §554B-5 Transfer to custodial trustee by fiduciary or obligor, facility of payment. (a) Unless controlled by an instrument designating a custodial trustee under section 554B-3, a person, including a fiduciary other than a custodial trustee, who holds property of or owes a debt to an incapacitated individual not having a conservator may make a transfer to an adult member of the beneficiary's family or to a trust company as custodial trustee for the benefit of the incapacitated individual. If the property or obligation exceeds $20,000 in value, the transfer must be authorized by the court.  (b) The written acknowledgment of delivery signed by a custodial trustee constitutes a sufficient receipt and discharge for property transferred to the custodial trustee pursuant to this section. [L 1989, c 76, pt of §1; am L 2004, c 161, §36]
HI Rev Stat § 554B-6 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-6 Multiple beneficiaries, separate custodial trusts, survivorship.

  §554B-6 Multiple beneficiaries, separate custodial trusts, survivorship. (a) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in transfers for benefit of husband and wife, for whom survivorship is presumed, no right of survivorship exists unless the writing creating the custodial trust specifically provides for survivorship. (Or as is required as to community property.)  (b) Custodial trust property held under this chapter by the same custodial trustee for the benefit of the same beneficiary may be administered as a single custodial trust.  (c) A custodial trustee of property held for more than one beneficiary shall separately account to each beneficiary as provided in sections 554B-7 and 554B-15 for the administration of the custodial trust. [L 1989, c 76, pt of §1]
HI Rev Stat § 554B-7 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-7 General management duties of custodial trustee.

  §554B-7 General management duties of custodial trustee. (a) A custodial trustee shall register or record the instrument transferring title to custodial trust property if appropriate.  (b) In the management, control, investment, or retention of custodial trust property, a custodial trustee shall follow the directions of the beneficiary if the beneficiary is not incapacitated. In the absence of effective contrary direction by the beneficiary while not incapacitated, the custodial trustee shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other law restricting investments by fiduciaries. However, a custodial trustee, in the custodial trustee's discretion, may retain any custodial trust property received from the transferor. If a trust company or other custodial trustee has a special skill or expertise or is named custodial trustee on the basis of representation of a special skill or expertise, the custodial trustee shall use that skill or expertise.  (c) Subject to subsection (b), a custodial trustee shall take control of and collect, hold, manage, invest, and reinvest custodial trust property.  (d) A custodial trustee at all times shall keep custodial trust property of which the custodial trustee has possession and control, separate and distinct from all other property in a manner sufficient to identify it clearly as custodial trust property of the beneficiary. Custodial trust property subject to recordation is so identified if it is recorded, and custodial trust property subject to registration is so identified if it is registered, or held in an account designated, in the name of the custodial trustee followed by words stating in substance: "as custodial trustee for _________________________ (name of beneficiary) under the Hawaii Uniform Custodial Trust Act."  (e) A custodial trustee shall keep records of all transactions with respect to custodial trust property, including information necessary for the preparation of tax returns, and shall make the records and information available at reasonable intervals to the beneficiary or legal representative of the beneficiary.  (f) The exercise of a durable power of attorney for an incapacitated beneficiary is not effective to terminate or direct the distribution or management of the custodial trust. [L 1989, c 76, pt of §1]
HI Rev Stat § 554B-8 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-8 General powers of custodial trustee.

  §554B-8 General powers of custodial trustee. (a) A custodial trustee, acting in a fiduciary capacity, has all the rights, powers, and authority over custodial trust property that an unmarried adult owner has over individually owned property, but a custodial trustee may exercise those rights, powers, and authority in a fiduciary capacity only.  (b) This section does not relieve a custodial trustee from liability for breach of section 554B-7. [L 1989, c 76, pt of §1]
HI Rev Stat § 554B-9 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-9 Use of custodial trust property.

  §554B-9 Use of custodial trust property. (a) The custodial trustee shall pay to the beneficiary or expend for the beneficiary's benefit so much or all of the custodial trust property as the beneficiary while not incapacitated may direct from time to time.  (b) If the beneficiary is incapacitated, the custodial trustee shall expend so much or all of the custodial trust property as the custodial trustee determines advisable for the use and benefit of the beneficiary and individuals who were supported by the beneficiary at the time the beneficiary became incapacitated, or who are legally entitled to support by the beneficiary. Expenditures may be made in the manner, at the time, and to the extent that the custodial trustee determines suitable and proper, without court order and without regard to other support, income, or property of the beneficiary.  (c) A custodial trustee may establish checking, savings, or other similar accounts of reasonable amounts under which either the custodial trustee or the beneficiary may withdraw funds from, or draw checks against, the accounts. Funds withdrawn from or checks written against the account by the beneficiary are treated as distributions of custodial trust property by the custodial trustee to the beneficiary. [L 1989, c 76, pt of §1]
HI Rev Stat § 554B-10 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-10 Determination of incapacity, proceeding and effect.

  §554B-10 Determination of incapacity, proceeding and effect. (a) A beneficiary is incapacitated for the purposes of this chapter and the custodial trustee shall administer and distribute the custodial trust as one for an incapacitated beneficiary:  (1) If the custodial trust is created under section 554B-5;  (2) If the transferor has so directed in the writing creating the custodial trust; or  (3) If the custodial trustee has determined that the beneficiary has become incapacitated.  (b) A custodial trustee may determine that the beneficiary has become incapacitated in reliance upon:  (1) Prior direction or authority given by the beneficiary while not incapacitated, including direction or authority pursuant to a durable power of attorney;  (2) The certificate of the beneficiary's physician; or  (3) Other reasonable evidence.  (c) If a custodial trustee for an incapacitated beneficiary reasonably concludes that the beneficiary's incapacity has ceased, or that circumstances concerning the beneficiary's ability to manage assets have changed since the creation of a custodial trust directing administration as for an incapacitated beneficiary, the custodial trustee may administer and distribute the custodial trust as one for a beneficiary who is not incapacitated.  (d) On petition of the beneficiary, the custodial trustee, or other person interested in the welfare of the beneficiary or custodial trust property, the court shall determine and declare whether or not the beneficiary is incapacitated.  (e) Absent determination of incapacity of the beneficiary under subsection (b) or (d), a custodial trustee who has reason to believe that the beneficiary has become incapacitated shall hold and administer the custodial property in accordance with the provisions of this chapter applicable to incapacitated beneficiaries.  (f) Incapacity of a beneficiary does not terminate the custodial trust, any designation of a successor custodial trustee, any powers or authority of the custodial trustee, or any immunities of third persons acting on direction of the custodial trustee. [L 1989, c 76, pt of §1]
HI Rev Stat § 554B-11 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-11 Exemption of third person from liability.

  §554B-11 Exemption of third person from liability. A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee, and, in the absence of knowledge to the contrary, is not responsible for determining:  (1) The validity of the purported custodial trustee's designation;  (2) The propriety of, or the authority under this chapter for, any action of the purported custodial trustee;  (3) The validity or propriety under this chapter of any instrument or instruction executed or given either by the person purporting to make a transfer or by the purported custodial trustee; or  (4) The propriety of the application of any property delivered to the purported custodial trustee. [L 1989, c 76, pt of §1]
HI Rev Stat § 554B-12 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-12 Liability to third persons.

  §554B-12 Liability to third persons. (a) A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial trust may be asserted against the custodial trust property by proceeding against the custodial trustee in the fiduciary capacity, whether or not the custodial trustee or the beneficiary is personally liable.  (b) A custodial trustee is not personally liable:  (1) On a contract properly entered into in a fiduciary capacity unless the custodial trustee fails to reveal that capacity and to identify the custodial trust in the contract; or  (2) For an obligation arising from control of custodial trust property or for a tort committed in the course of the administration of the custodial trust unless the custodial trustee is personally at fault.  (c) A beneficiary is not personally liable for an obligation arising from ownership of custodial trust property or for a tort committed in the course of administration of the custodial trust unless the beneficiary is personally in possession of the custodial trust property giving rise to the liability or is personally at fault.  (d) Neither subsection (b) or (c) precludes any proceeding to establish liability of the custodial trustee or beneficiary to the extent that either is protected as the insured by liability insurance. [L 1989, c 76, pt of §1]
HI Rev Stat § 554B-14 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-14 Expenses, compensation, and bond of custodial trustee.

  §554B-14 Expenses, compensation, and bond of custodial trustee. Except as provided otherwise in the custodial trust instrument, in an agreement with the beneficiary, or by court order:  (1) A custodial trustee is entitled to reimbursement from custodial trust property for reasonable expenses incurred in the performance of fiduciary services;  (2) A custodial trustee has a noncumulative election to be made no later than six months following the end of each calendar year to charge a reasonable compensation for fiduciary services performed during that year; and  (3) A custodial trustee need not post a bond for faithful performance of the custodial trust. [L 1989, c 76, pt of §1]
HI Rev Stat § 554B-15 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-15 Reporting and accounting by custodial trustee; determination of liability of custodial trustee.

  §554B-15 Reporting and accounting by custodial trustee; determination of liability of custodial trustee. (a) Upon the acceptance of the custodial trust property, a custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter provide a written statement of the administration of the custodial trust property:  (1) Once each year,  (2) Upon request at a reasonable time by the beneficiary or the beneficiary's legal representative,  (3) Upon resignation or removal of the custodial trustee, and  (4) On termination of the custodial trust. These statements must be provided to the beneficiary or to the beneficiary's legal representative, if any. On termination of the beneficiary's interest, a current statement must be provided to the person to whom the custodial trust property is to be delivered.  (b) A beneficiary, the beneficiary's legal representative, an adult member of the beneficiary's family, or a person interested in the custodial trust property or as appropriate, another person interested in the welfare of the beneficiary may petition the court for an accounting by the custodial trustee or the custodial trustee's legal representative.  (c) A successor custodial trustee may petition the court for an accounting by a predecessor custodial trustee.  (d) The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodial trustee or the custodial trustee's legal representative to account; or the custodial trustee or the custodial trustee's legal representative may petition the court for approval of final accounts.  (e) If a custodial trustee is removed, the court shall require an accounting and order delivery of the custodial trust property and records to the successor custodial trustee and the execution of all instruments required for transfer of the custodial trust property.  (f) On petition of the custodial trustee, or any person who could petition for an accounting, the court, after notice to interested persons, may issue instructions to the custodial trustee or review the propriety of the acts of a custodial trustee or the reasonableness of compensation determined by the custodial trustee for the services of the custodial trustee or others. [L 1989, c 76, pt of §1] Revision Note  In subsection (a), paragraphs redesignated. Rules of Court  Accountings, see Hawaii Probate Rules, part A(VII); HPR rules 83, 84.
HI Rev Stat § 554B-16 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-16 Limitations of action against custodial trustee.

  §554B-16 Limitations of action against custodial trustee. (a) Except as provided in subsection (c), unless previously barred by adjudication, consent, or limitation, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a person to whom the custodial trust property is to be paid or delivered, or the legal representative of an incapacitated or deceased beneficiary or payee:  (1) Who has received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within two years after receipt of the final account or statement; or  (2) Who has not received a final account or statement fully disclosing the matter unless an action or proceeding to assert the claim is commenced within three years after the termination of the custodial trust.  (b) Except as provided in subsection (c), a claim for relief to recover from a custodial trustee for fraud, misrepresentation, or concealment related to the final settlement of the custodial trust or concealment of the existence of the custodial trust is barred unless an action or proceeding to assert the claim is commenced within five years after the termination of the custodial trust.  (c) A claim for relief is not barred by this section if the claimant:  (1) Is a minor, until the earlier of two years after:  (A) Attaining majority; or  (B) The claimant's death;  (2) Is an incapacitated adult, until the earliest of two years after:  (A) The appointment of a conservator;  (B) The removal of the incapacity; or  (C) The death of the claimant; or  (3) Was an adult, now deceased, who was not incapacitated, until two years after death. [L 1989, c 76, pt of §1; am L 2004, c 161, §36] Revision Note  In subsection (c), subparagraphs redesignated pursuant to §23G-15.
HI Rev Stat § 554B-17 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-17 Termination and distribution.

  §554B-17 Termination and distribution. (a) A custodial trust terminates on the custodial trustee's receipt of a signed written direction of the beneficiary, if not incapacitated within section 554B-10, or of the beneficiary's conservator, if any, or upon the beneficiary's death. Upon termination, the custodial trustee shall transfer the unexpended custodial trust property:  (1) To the beneficiary, if not incapacitated;  (2) To the conservator or other court-designated recipient for an incapacitated beneficiary; or  (3) Upon the beneficiary's death, in the following order:  (A) As last directed in a writing signed by the deceased beneficiary who was at the time not incapacitated and received by the custodial trustee during the life of the deceased beneficiary;  (B) To the survivor of multiple beneficiaries when survivorship is provided pursuant to section 554B-6;  (C) As designated in the custodial trust instrument; or  (D) To the estate of the deceased beneficiary.  (b) If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is terminated by the distributee's conservator.  (c) The death of a beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust. [L 1989, c 76, pt of §1; am L 2004, c 161, §36]
HI Rev Stat § 554B-19 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-19 Applicable law.

  §554B-19 Applicable law. (a) This chapter applies to a registration, transfer, or declaration that refers to this chapter as provided in section 554B-2 if, at the time of the registration, transfer, or declaration, the transferor, beneficiary, or custodial trustee is a resident of this State or the custodial trust property is located in this State. The custodial trust remains subject to this chapter despite a subsequent change in residence of the transferor, beneficiary, or custodial trustee, or removal of the custodial trust property from this State.  (b) A transfer made under a substantially similar act of another state is governed by the law of that state and may be executed or enforced in this State. [L 1989, c 76, pt of §1]
HI Rev Stat § 554B-20 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-20 Uniformity of application and construction.

  §554B-20 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. [L 1989, c 76, pt of §1]
HI Rev Stat § 554B-21 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-21 Short title.

  §554B-21 Short title. This chapter may be cited as the Hawaii Uniform Custodial Trust Act. [L 1989, c 76, pt of §1]
HI Rev Stat § 554B-22 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554B. Uniform Custodial Trust Act|554B-22 Severability.

  §554B-22 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [L 1989, c 76, pt of §1]
HI Rev Stat § 554G-1 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554G. Permitted Transfers in Trust|554G-1 Short title.

  §554G-1 Short title. This chapter shall be known and may be cited as the Permitted Transfers in Trust Act. [L 2010, c 182, pt of §2]
HI Rev Stat § 554G-3 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554G. Permitted Transfers in Trust|554G-3 REPEALED.

  §554G-3 REPEALED. L 2011, c 161, §11.
HI Rev Stat § 554G-4 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554G. Permitted Transfers in Trust|554G-4 Permitted trustees.

 §554G-4 Permitted trustees. If a permitted trustee of a trust ceases to meet the criteria for a permitted trustee as defined in section 554G-2, and there remains no trustee that meets the requirements, the permitted trustee shall be deemed to have resigned as of the time that the trustee ceases to meet the criteria. At that time, the successor permitted trustee provided for in the trust instrument shall become the permitted trustee of the trust. In the absence of any successor permitted trustee provided for in the trust instrument, a trust advisor or protector provided for in the trust instrument shall appoint a successor permitted trustee. In the absence of a designated trust advisor or protector or in the event of the failure of the designated trust advisor or protector to appoint a successor permitted trustee, the circuit court sitting in probate, upon application of any interested party, shall appoint a successor permitted trustee. [L 2010, c 182, pt of §2; am L 2011, c 161, §4]