reglab/housing_qa huggingface dataset:
ID Code § 15-7-302 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 3 - DUTIES AND LIABILITIES OF TRUSTEES|Section 15-7-302 - TRUSTEE’S STANDARD OF CARE AND PERFORMANCE.

15-7-302. TRUSTEE’S STANDARD OF CARE AND PERFORMANCE. Except as otherwise provided by the terms of the trust, the trustee shall observe the standards in dealing with the trust assets that would be observed by a prudent man dealing with the property of another, and if the trustee has special skills or is named trustee on the basis of representations of special skills or expertise, he is under a duty to use those skills.  History: [I.C., sec. 15-7-302, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-303 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 3 - DUTIES AND LIABILITIES OF TRUSTEES|Section 15-7-303 - DUTY TO INFORM AND ACCOUNT TO BENEFICIARIES.

15-7-303. DUTY TO INFORM AND ACCOUNT TO BENEFICIARIES. The trustee shall keep the beneficiaries of the trust reasonably informed of the trust and its administration. In addition: (a) Within thirty (30) days after his acceptance of the trust, the trustee shall inform in writing the current beneficiaries and if possible, one (1) or more persons who under section 15-1-403 of this code may represent beneficiaries with future interests, of the court in which the trust is registered and of his name and address. (b) Upon reasonable request, the trustee shall provide the beneficiary with a copy of the terms of the trust which describe or affect his interest and with relevant information about the assets of the trust and the particulars relating to the administration. (c) Upon reasonable request, a beneficiary is entitled to a statement of the accounts of the trust annually and on termination of the trust or change of the trustee.  History: [I.C., sec. 15-7-303, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-304 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 3 - DUTIES AND LIABILITIES OF TRUSTEES|Section 15-7-304 - DUTY TO PROVIDE BOND.

15-7-304. DUTY TO PROVIDE BOND. A trustee need not provide bond to secure performance of his duties unless required by the terms of the trust, reasonably requested by a beneficiary or found by the court to be necessary to protect the interests of the beneficiaries who are not able to protect themselves and whose interests otherwise are not adequately represented. On petition of the trustee or other interested person the court may excuse a requirement of bond, reduce the amount of the bond, release the surety, or permit the substitution of another bond with the same or different sureties. If bond is required, it shall be filed in the court of registration or other appropriate court in amounts and with sureties and liabilities as provided in sections 15-3-604 and 15-3-606 of this code relating to bonds of personal representatives.  History: [I.C., sec. 15-7-304, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-305 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 3 - DUTIES AND LIABILITIES OF TRUSTEES|Section 15-7-305 - TRUSTEE’S DUTIES — APPROPRIATE PLACE OF ADMINISTRATION — DEVIATION.

15-7-305. TRUSTEE’S DUTIES — APPROPRIATE PLACE OF ADMINISTRATION — DEVIATION. A trustee is under a continuing duty to administer the trust at a place appropriate to the purposes of the trust and to its sound, efficient management. If the principal place of administration becomes inappropriate for any reason, the court may enter any order furthering efficient administration and the interests of beneficiaries, including, if appropriate, release of registration, removal of the trustee and appointment of a trustee in another state. Trust provisions relating to the place of administration and to changes in the place of administration or of trustee control unless compliance would be contrary to efficient administration or the purposes of the trust. Views of adult beneficiaries shall be given weight in determining the suitability of the trustee and the place of administration.  History: [I.C., sec. 15-7-305, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-306 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 3 - DUTIES AND LIABILITIES OF TRUSTEES|Section 15-7-306 - PERSONAL LIABILITY OF TRUSTEE TO THIRD PARTIES.

15-7-306. PERSONAL LIABILITY OF TRUSTEE TO THIRD PARTIES. (a) Unless otherwise provided in the contract, a trustee is not personally liable on contracts properly entered into in his fiduciary capacity in the course of administration of the trust estate unless he fails to reveal his representative capacity and identify the trust estate in the contract. (b) A trustee is personally liable for obligations arising from ownership or control of property of the trust estate or for torts committed in the course of administration of the trust estate only if he is personally at fault. (c) Claims based on contracts entered into by a trustee in his fiduciary capacity, on obligations arising from ownership or control of the trust estate, or on torts committed in the course of trust administration may be asserted against the trust estate by proceeding against the trustee in his fiduciary capacity, whether or not the trustee is personally liable therefor. (d) The question of liability as between the trust estate and the trustee individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate proceeding.  History: [I.C., sec. 15-7-306, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-307 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 3 - DUTIES AND LIABILITIES OF TRUSTEES|Section 15-7-307 - LIMITATIONS ON PROCEEDINGS AGAINST TRUSTEES AFTER FINAL ACCOUNT.

15-7-307. LIMITATIONS ON PROCEEDINGS AGAINST TRUSTEES AFTER FINAL ACCOUNT. Unless previously barred by adjudication, consent or limitation, any claim against a trustee for breach of trust is barred as to any beneficiary who has received a final account or other statement fully disclosing the matter and showing termination of the trust relationship between the trustee and the beneficiary unless a proceeding to assert the claim is commenced within six (6) months after receipt of the final account or statement. In any event and notwithstanding lack of full disclosure a trustee who has issued a final account or statement received by the beneficiary and has informed the beneficiary of the location and availability of records for his examination is protected after three (3) years. A beneficiary is deemed to have received a final account or statement if, being an adult, it is received by him personally or if, being a minor or disabled person, it is received by his representative as described in subsections (a)(1) and (2)[(a) and (b)] of section 15-1-403 of this code.  History: [I.C., sec. 15-7-307, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-308 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 3 - DUTIES AND LIABILITIES OF TRUSTEES|Section 15-7-308 - REMOVAL OF TRUSTEE.

15-7-308. REMOVAL OF TRUSTEE. (1) A trustee may be removed in accordance with the terms of the trust or by the court on its own initiative or on petition of a trustor, cotrustee or beneficiary. (2) The court may remove a trustee or order other appropriate relief: (a) If the trustee has committed a material breach of trust; (b) If the trustee is unfit or unable to administer the trust; (c) If lack of cooperation among cotrustees substantially impairs the administration of the trust; (d) If the investment decisions of the trustee, although not constituting a breach of trust, have resulted in investment performance persistently and substantially below those of comparable trusts; (e) If, because of changed circumstances, removal of the trustee would substantially further the trustor’s purpose in creating the trust; or (f) For other good cause shown. (3) Pending a final decision on the petition to remove the trustee, the court may order such appropriate relief as may be necessary to protect the trust property or the interests of the beneficiaries.  History: [15-7-308, added 2000, ch. 157, sec. 1, p. 400.]
ID Code § 15-7-401 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 4 - POWERS OF TRUSTEES|Section 15-7-401 - POWERS OF TRUSTEES.

15-7-401. POWERS OF TRUSTEES. The powers of trustees are set forth in the uniform powers of trustees act, sections 68-104 through 68-113, Idaho Code.  History: [I.C., sec. 15-7-401, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-403 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 4 - POWERS OF TRUSTEES|Section 15-7-403 - APPOINTMENT OF TRUSTEE AND LETTERS OF TRUSTEESHIP.

15-7-403. APPOINTMENT OF TRUSTEE AND LETTERS OF TRUSTEESHIP. Upon application to the court in which the trust is registered in the state of Idaho, and notice to all interested parties, the court may appoint the trustee as such (or as successor trustee, if applicable). Upon filing of an acceptance of the duties of the office of trustee by the trustee, containing the oath of the trustee to the effect that the trustee will perform the duties of his office according to the law, letters of trusteeship shall be issued, evidencing the authority of the trustee. Such letters may be recorded in the office of the county recorder in any county in which property held by the trust is located and, from the time of filing of such letters for record, notice is imparted to all persons of the contents of such letters of trusteeship. The application to the court shall contain at least the following: (1) A statement of the interest of the applicant in the matter, including the priority of the person whose appointment is sought and a statement of the names and addresses and priority for appointment of any other persons having a prior or equal right to the appointment under law or the terms of the trust; (2) A description of the trust; (3) A statement identifying and indicating the address of any existing trustee of the trust whose appointment has not been terminated; (4) The name and address of the person or entity for whom appointment is sought; (5) A statement identifying and indicating the address of all current and contingent beneficiaries of the trust, and the ages of any such beneficiaries that are minors; (6) A statement that a copy of the trust is either in the possession of the court or accompanies the application, or that copies of portions of the trust accompany the application showing: (a) The grantor and original trustee of the trust, (b) Any language regarding the appointment of an original or successor trustee, including any limitations thereon, (c) The signature page(s) of the trust, (d) Any amendments to the trust which relate to the appointment of an original or successor trustee, including any limitations thereon; (7) A statement that, after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the trust; (8) If the application is for appointment of a successor trustee, a statement of the method of termination of the appointment of the prior trustee and the effective date thereof and that copies of any documents relating thereto are in the possession of the court or accompany the application.  History: [15-7-403, added 1998, ch. 80, sec. 1, p. 286; am. 2004, ch. 55, sec. 3, p. 258.]
ID Code § 15-7-601 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 6 - PURPOSE TRUSTS|Section 15-7-601 - PURPOSE TRUSTS.

15-7-601. PURPOSE TRUSTS. (1) A trust may be created for any purpose, charitable or noncharitable, under the terms of a trust agreement or will. A noncharitable trust so created is a purpose trust and shall exist to serve a purpose. (2) A purpose trust does not need a beneficiary. (3) A purpose trust shall be enforceable on the terms set forth in the trust agreement by the person named to enforce the trust; provided, however, that the failure to name a person to enforce the trust shall not void the trust or otherwise cause it to be unenforceable. (4) A person named to enforce a purpose trust may resign or be removed or replaced in accordance with the trust. (5) If the person named to enforce the trust resigns, or is removed, or is unwilling or unable to act, and if no successor is named in accordance with the trust, the trustee shall forthwith apply to the court having jurisdiction of the purpose trust for directions or for a person to be appointed by the court to enforce the trust. The court having jurisdiction of the purpose trust shall be empowered to make an order appointing a person to enforce the trust on such terms as it sees fit and to designate how successors will be named. (6) During any period of time when no person is named or acting to enforce a purpose trust, the court having jurisdiction of the purpose trust shall have the right to exercise all powers necessary to enforce the trust in order to serve the purpose for which it was created. (7) Any interested person, as defined in section 15-1-201(25), Idaho Code, may bring an action under law or equity to enforce a purpose trust. (8) Charitable trusts are not governed by this section. (9) A purpose trust created prior to July 1, 2005, shall be valid and enforceable from the date of the trust’s creation.  History: [15-7-601, added 2005, ch. 99, sec. 1, p. 319; am. 2020, ch. 82, sec. 6, p. 178.]
ID Code § 15-7-701 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 7 - DRY TRUSTS|Section 15-7-701 - DRY TRUSTS.

15-7-701. DRY TRUSTS. A trust shall be valid and enforceable even though it may not be funded at a given time, or from time to time, or does not have any res or corpus or otherwise contain any asset of any nature.  History: [15-7-701, added 2006, ch. 161, sec. 2, p. 482.]
ID Code § 15-8-101 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT|Part 1 - PURPOSE, POWERS OF COURTS AND DEFINITIONS|Section 15-8-101 - TITLE — PURPOSE.

15-8-101. TITLE — PURPOSE. (1) This chapter shall be known and may be cited as either the "Trust and Estate Dispute Resolution Act" or "TEDRA." (2) The overall purpose of this chapter is to set forth generally applicable statutory provisions for the resolution of disputes and other matters involving trusts and estates in a single chapter under title 15, Idaho Code. The provisions of this chapter are intended to provide nonjudicial methods for the resolution of matters by agreement. This chapter also provides for judicial resolution of disputes if a nonjudicial resolution is not obtained that are alternatives to the other provisions for resolution of contested matters under other chapters of title 15, Idaho Code. The provisions of this chapter shall not supersede, but shall supplement, any otherwise applicable provisions and procedures contained in title 15, Idaho Code, or other Idaho law.  History: [15-8-101, added 2005, ch. 122, sec. 1, p. 397.]
ID Code § 15-8-102 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT|Part 1 - PURPOSE, POWERS OF COURTS AND DEFINITIONS|Section 15-8-102 - GENERAL POWERS OF COURTS — INTENT — PLENARY POWER OF THE COURT.

15-8-102. GENERAL POWERS OF COURTS — INTENT — PLENARY POWER OF THE COURT. (1) It is the intent of the legislature that the courts shall have full and ample power and authority under this chapter to administer and settle: (a) All matters concerning the estates and assets of incapacitated, missing, and deceased persons, including matters involving nonprobate assets and powers of attorney, in accordance with this chapter; and (b) All trusts and trust matters. (2) If this title 15, Idaho Code, should in any case or under any circumstances be inapplicable, insufficient or doubtful with reference to the administration and settlement of matters listed in subsection (1) of this section, the court nevertheless has full power and authority to proceed with such administration and settlement in any manner and way that to the court seems right and proper, all to the end that the matters be expeditiously administered and settled by the court.  History: [15-8-102, added 2005, ch. 122, sec. 1, p. 398.]
ID Code § 15-8-201 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT|Part 2 - JUDICIAL RESOLUTION|Section 15-8-201 - PERSONS ENTITLED TO JUDICIAL PROCEEDINGS FOR DECLARATION OF RIGHTS OR LEGAL RELATIONS.

15-8-201. PERSONS ENTITLED TO JUDICIAL PROCEEDINGS FOR DECLARATION OF RIGHTS OR LEGAL RELATIONS. (1) Any party may have a judicial proceeding for the declaration of rights or legal relations with respect to: (a) Any matter, as defined in section 15-8-103, Idaho Code; (b) The resolution of any other case or controversy that arises under the Idaho Code and referenced judicial proceedings under this chapter; or (c) The determination of the persons entitled to notice under section 15-8-204, Idaho Code. (2) The provisions of this chapter apply to disputes arising in connection with estates of incapacitated persons unless otherwise covered by chapter 5, title 15, Idaho Code. The provisions of this chapter shall not supersede, but shall supplement, any otherwise applicable provisions and procedures contained in title 15, Idaho Code, or other Idaho law. The provisions of this chapter shall not apply to actions for wrongful death under any other chapter or title of Idaho Code.  History: [15-8-201, added 2005, ch. 122, sec. 1, p. 400.]
ID Code § 15-8-202 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT|Part 2 - JUDICIAL RESOLUTION|Section 15-8-202 - JUDICIAL PROCEEDINGS.

15-8-202. JUDICIAL PROCEEDINGS. (1) The provisions of this chapter shall control over any inconsistent provision of the Idaho rules of civil procedure. (2) A judicial proceeding under this chapter may be commenced as a new action or as an action incidental to an existing judicial proceeding relating to the same trust or estate or nonprobate asset. (3) Once commenced, the action may be consolidated with an existing proceeding or converted to a separate action upon the motion of a party for good cause shown, or by the court on its own motion. (4) The Idaho rules of civil procedure apply to judicial proceedings under this chapter only to the extent that they are consistent with this chapter, unless otherwise provided by Idaho Code, or ordered by the court under section 15-8-102, Idaho Code, or provided by other applicable Idaho rules of civil procedure.  History: [15-8-202, added 2005, ch. 122, sec. 1, p. 400.]
ID Code § 15-8-203 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT|Part 2 - JUDICIAL RESOLUTION|Section 15-8-203 - PROCEDURAL RULES.

15-8-203. PROCEDURAL RULES. The Idaho rules of civil procedure apply to all proceedings under part 2 of this chapter.  History: [15-8-203, added 2005, ch. 122, sec. 1, p. 401.]
ID Code § 15-8-204 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT|Part 2 - JUDICIAL RESOLUTION|Section 15-8-204 - NOTICE IN JUDICIAL PROCEEDINGS UNDER THIS CHAPTER REQUIRING NOTICE.

15-8-204. NOTICE IN JUDICIAL PROCEEDINGS UNDER THIS CHAPTER REQUIRING NOTICE. (1) Subject to section 15-8-207, Idaho Code, in all judicial proceedings under this chapter that require notice, the notice must be personally served on or mailed to all parties or the parties’ virtual representatives at least fourteen (14) days before the hearing on the petition, unless a different period is provided by statute or ordered by the court. The date of service shall be determined under the Idaho rules of civil procedure. (2) Proof of the service or mailing required in this section must be made by affidavit or declaration filed at or before the hearing.  History: [15-8-204, added 2005, ch. 122, sec. 1, p. 401.]
ID Code § 15-8-205 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT|Part 2 - JUDICIAL RESOLUTION|Section 15-8-205 - APPLICATION OF DOCTRINE OF VIRTUAL REPRESENTATION.

15-8-205. APPLICATION OF DOCTRINE OF VIRTUAL REPRESENTATION. (1) This section is intended to adopt the common law concept of virtual representation. This section supplements the common law relating to the doctrine of virtual representation and the provisions of section 15-1-403, Idaho Code, and shall not be construed as limiting the application of that common law doctrine or the provisions of section 15-1-403, Idaho Code. (2) Any notice requirement in this chapter is satisfied if notice is given as follows: (a) Where an interest in an estate, trust, or nonprobate asset, or an interest that may be affected by a power of attorney, has been given to persons who comprise a certain class upon the happening of a certain event, notice may be given to the living persons who would constitute the class if the event had happened immediately before the commencement of the proceedings requiring notice, and the persons shall virtually represent all other members of the class; (b) Where an interest in an estate, trust, or nonprobate asset, or an interest that may be affected by a power of attorney, has been given to a living person, and the same interest, or a share in it, is to pass to the surviving spouse or to persons who are, or might be, the distributees, heirs, issue, or other kindred of that living person upon the happening of a future event, notice may be given to that living person, and the living person shall virtually represent the surviving spouse, distributees, heirs, issue, or other kindred of the person; and (c) Except as otherwise provided in this subsection (2), where an interest in an estate, trust, or nonprobate asset, or an interest that may be affected by a power of attorney, has been given to a person or a class of persons, or both, upon the happening of any future event, and the same interest or a share of the interest is to pass to another person or class of persons, or both, upon the happening of an additional future event, notice may be given to the living person or persons who would take the interest upon the happening of the first event, and the living person or persons shall virtually represent the persons and classes of persons who might take upon the happening of the additional future event. (3) A party is not virtually represented by a person receiving notice if a conflict of interest involving the matter is known to exist between the notified person and the party. (4) An action taken by the court is conclusive and binding upon each person receiving actual or constructive notice or who is otherwise virtually represented.  History: [15-8-205, added 2005, ch. 122, sec. 1, p. 401.]
ID Code § 15-8-206 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT|Part 2 - JUDICIAL RESOLUTION|Section 15-8-206 - SPECIAL NOTICE.

15-8-206. SPECIAL NOTICE. Nothing in this chapter eliminates the requirement to give notice to a person who has filed a demand for notice pursuant to section 15-3-204, Idaho Code.  History: [15-8-206, added 2005, ch. 122, sec. 1, p. 402.]