reglab/housing_qa huggingface dataset:
18-B ME Rev Stat § 1215 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1215. Change in compensation

 §1215. Change in compensation 1.  Compensation specified.  If a first-trust instrument specifies an authorized fiduciary's compensation, the authorized fiduciary may not exercise the decanting power to increase the authorized fiduciary's compensation above the specified compensation unless:   A. All qualified beneficiaries of the 2nd trust consent to the increase in a signed record; or   [PL 2021, c. 235, §1 (NEW).]B. The increase is approved by the court.   [PL 2021, c. 235, §1 (NEW).][PL 2021, c. 235, §1 (NEW).] 2.  Compensation not specified.  If a first-trust instrument does not specify an authorized fiduciary's compensation, the authorized fiduciary may not exercise the decanting power to increase the authorized fiduciary's compensation above the compensation permitted by this Part unless:   A. All qualified beneficiaries of the 2nd trust consent to the increase in a signed record; or   [PL 2021, c. 235, §1 (NEW).]B. The increase is approved by the court.   [PL 2021, c. 235, §1 (NEW).][PL 2021, c. 235, §1 (NEW).] 3.  Change in compensation incidental.  A change in an authorized fiduciary's compensation that is incidental to other changes made by the exercise of the decanting power is not an increase in the authorized fiduciary's compensation for purposes of subsections 1 and 2.   [PL 2021, c. 235, §1 (NEW).] SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1216 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1216. Relief from liability and indemnification

 §1216. Relief from liability and indemnification 1.  Liability for breach of trust.  Except as otherwise provided in this section, a 2nd-trust instrument may not relieve an authorized fiduciary from liability for breach of trust to a greater extent than the first-trust instrument does.   [PL 2021, c. 235, §1 (NEW).] 2.  Indemnification for claim otherwise payable.  A 2nd-trust instrument may provide for indemnification of an authorized fiduciary of the first trust or another person acting in a fiduciary capacity under the first trust for any liability or claim that would have been payable from the first trust if the decanting power had not been exercised.   [PL 2021, c. 235, §1 (NEW).] 3.  No reduction in liability in aggregate.  A 2nd-trust instrument may not reduce fiduciary liability in the aggregate.   [PL 2021, c. 235, §1 (NEW).] 4.  Division and reallocation of fiduciary powers; relief from fiduciary liability.  Subject to subsection 3, a 2nd-trust instrument may divide and reallocate fiduciary powers among fiduciaries, including one or more trustees, distribution advisors, investment advisors, trust protectors or other persons, and relieve a fiduciary from liability for an act or failure to act of another fiduciary as permitted by a law of this State other than this Act.   [PL 2021, c. 235, §1 (NEW).] SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1217 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1217. Removal or replacement of authorized fiduciary

 §1217. Removal or replacement of authorized fiduciary An authorized fiduciary may not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the authorized fiduciary unless:   [PL 2021, c. 235, §1 (NEW).]1.  Person holding power consents.  The person holding the power to remove or replace the authorized fiduciary consents to the modification in a signed record and the modification applies only to the person;   [PL 2021, c. 235, §1 (NEW).] 2.  Person holding power and qualified beneficiaries consent.  The person holding the power to remove or replace the authorized fiduciary and the qualified beneficiaries of the 2nd trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or   [PL 2021, c. 235, §1 (NEW).] 3.  Court approves.  The court approves the modification and the modification grants a substantially similar power to remove or replace the authorized fiduciary to another person.   [PL 2021, c. 235, §1 (NEW).] SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1219 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1219. Duration of 2nd trust

 §1219. Duration of 2nd trust 1.  Duration.  Subject to subsection 2, a 2nd trust may have a duration that is the same as or different from the duration of the first trust.   [PL 2021, c. 235, §1 (NEW).] 2.  Rules applicable to property.  To the extent that property of a 2nd trust is attributable to property of the first trust, the property of the 2nd trust is subject to any rules governing maximum perpetuity, accumulation or suspension of the power of alienation that apply to property of the first trust.   [PL 2021, c. 235, §1 (NEW).] SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1220 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1220. Need to distribute not required

 §1220. Need to distribute not required An authorized fiduciary may exercise the decanting power whether or not, under the first trust's discretionary distribution standard, the authorized fiduciary would have made or could have been compelled to make a discretionary distribution of principal at the time of the exercise.   [PL 2021, c. 235, §1 (NEW).]SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1221 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1221. Savings provision

 §1221. Savings provision 1.  Second-trust instrument in part not in compliance.  If exercise of the decanting power would be effective under this Act except for the 2nd-trust instrument's partial noncompliance with this Act, the exercise of the decanting power is effective and the following applies with respect to the principal of the 2nd trust attributable to the exercise of the decanting power:   A. A provision in the 2nd-trust instrument that is not permitted under this Act is void to the extent necessary to comply with this Act; and   [PL 2021, c. 235, §1 (NEW).]B. A provision required by this Act to be in the 2nd-trust instrument that is not contained in the instrument is deemed to be included in the instrument to the extent necessary to comply with this Act.   [PL 2021, c. 235, §1 (NEW).][PL 2021, c. 235, §1 (NEW).] 2.  Fiduciary action.  If a trustee or other fiduciary of a 2nd trust determines that subsection 1 applies to a prior exercise of the decanting power, the fiduciary shall take corrective action consistent with the fiduciary's duties.   [PL 2021, c. 235, §1 (NEW).] SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1222 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1222. Trust for care of animal

 §1222. Trust for care of animal 1.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.   A. "Animal trust" means a trust or an interest in a trust created to provide for the care of one or more animals.   [PL 2021, c. 235, §1 (NEW).]B. "Protector" means a person appointed in an animal trust to enforce the trust on behalf of the animal or, if no such person is appointed in the trust, a person appointed by the court for that purpose.   [PL 2021, c. 235, §1 (NEW).][PL 2021, c. 235, §1 (NEW).] 2.  Consent of protector.  The decanting power may be exercised over an animal trust that has a protector to the extent the trust could be decanted under this Act if each animal that benefits from the trust were an individual, if the protector consents in a signed record to the exercise of the power.   [PL 2021, c. 235, §1 (NEW).] 3.  Rights of qualified beneficiary.  A protector for an animal has the rights under this Act of a qualified beneficiary.   [PL 2021, c. 235, §1 (NEW).] 4.  Time period first trust benefited animal.  Notwithstanding any provision of this Act to the contrary, if a first trust is an animal trust, in an exercise of the decanting power, the 2nd trust must provide that trust property may be applied only for its intended purpose for the time period the first trust benefited the animal.   [PL 2021, c. 235, §1 (NEW).] SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1223 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1223. Terms of 2nd trust

 §1223. Terms of 2nd trust A reference in this Title to a trust instrument or terms of the trust includes a 2nd-trust instrument and the terms of the 2nd trust.   [PL 2021, c. 235, §1 (NEW).]SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1224 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1224. Settlor

 §1224. Settlor 1.  Settlor of first trust is settlor of 2nd trust.  For purposes of the law of this State other than this Act and subject to subsection 2, a settlor of a first trust is deemed to be the settlor of the 2nd trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power.   [PL 2021, c. 235, §1 (NEW).] 2.  Consideration of intent.  In determining settlor intent with respect to a 2nd trust, the intent of a settlor of the first trust, a settlor of the 2nd trust and the authorized fiduciary may be considered.   [PL 2021, c. 235, §1 (NEW).] SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1225 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1225. Later-discovered property

 §1225. Later-discovered property 1.  Distribution of all principal of first trust.  Except as otherwise provided in subsection 3, if exercise of the decanting power was intended to distribute all the principal of the first trust to one or more 2nd trusts, later-discovered property belonging to the first trust and property paid to or acquired by the first trust after the exercise of the decanting power is part of the trust estate of the 2nd trust or trusts.   [PL 2021, c. 235, §1 (NEW).] 2.  Distribution of less than all principal of first trust.  Except as otherwise provided in subsection 3, if exercise of the decanting power was intended to distribute less than all the principal of the first trust to one or more 2nd trusts, later-discovered property belonging to the first trust or property paid to or acquired by the first trust after exercise of the decanting power remains part of the trust estate of the first trust.   [PL 2021, c. 235, §1 (NEW).] 3.  Disposition by fiduciary.  An authorized fiduciary may provide in an exercise of the decanting power or by the terms of a 2nd trust for disposition of later-discovered property belonging to the first trust or property paid to or acquired by the first trust after the exercise of the decanting power.   [PL 2021, c. 235, §1 (NEW).] SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1226 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1226. Obligations

 §1226. Obligations A debt, liability or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the 2nd trust after exercise of the decanting power.   [PL 2021, c. 235, §1 (NEW).]SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1227 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1227. Uniformity of application and construction

 §1227. Uniformity of application and construction In applying and construing this Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   [PL 2021, c. 235, §1 (NEW).]SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1228 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1228. Relation to Electronic Signatures in Global and National Commerce Act

 §1228. Relation to Electronic Signatures in Global and National Commerce Act This Act modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq., but does not modify, limit or supersede 15 United States Code, Section 7001(c), or authorize electronic delivery of any of the notices described in 15 United States Code, Section 7003(b).   [PL 2021, c. 235, §1 (NEW).]SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 1229 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 1: MAINE UNIFORM TRUST CODE|Chapter 12: MAINE UNIFORM TRUST DECANTING ACT|18-B §1229. Effective date

 §1229. Effective date This Act takes effect October 1, 2021.   [PL 2021, c. 235, §1 (NEW).]Revisor's Note: Notwithstanding the stated effective date of October 1, 2021 set forth in this section, PL 2021, chapter 235, which enacted this chapter, took effect on October 18, 2021, 90 days after the adjournment of the First Special Session of the 130th Legislature. SECTION HISTORY PL 2021, c. 235, §1 (NEW).
18-B ME Rev Stat § 2101 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 2: MAINE UNIFORM DIRECTED TRUST ACT|Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT|18-B §2101. Short title

 §2101. Short title This Part may be known and cited as "the Maine Uniform Directed Trust Act."   [PL 2019, c. 301, §8 (NEW).]SECTION HISTORY PL 2019, c. 301, §8 (NEW).
18-B ME Rev Stat § 2103 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 2: MAINE UNIFORM DIRECTED TRUST ACT|Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT|18-B §2103. Application; principal place of administration

 §2103. Application; principal place of administration 1.  Application.  This Act applies to a trust, whenever created, that has its principal place of administration in this State, subject to the following rules:   A. If the trust was created before January 1, 2020, this Act applies only to a decision or action occurring on or after January 1, 2020.   [PL 2019, c. 301, §8 (NEW).]B. If the principal place of administration of the trust is changed to this State on or after January 1, 2020, this Act applies only to a decision or action occurring on or after the date of the change.   [PL 2019, c. 301, §8 (NEW).][PL 2019, c. 301, §8 (NEW).] 2.  Principal place of administration.  Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, terms of the trust that designate the principal place of administration of the trust are valid and controlling if:   A. A trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction;   [PL 2019, c. 301, §8 (NEW).]B. A trust director's principal place of business is located in or a trust director is a resident of the designated jurisdiction; or   [PL 2019, c. 301, §8 (NEW).]C. All or part of the administration occurs in the designated jurisdiction.   [PL 2019, c. 301, §8 (NEW).][PL 2019, c. 301, §8 (NEW).] SECTION HISTORY PL 2019, c. 301, §8 (NEW).
18-B ME Rev Stat § 2104 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 2: MAINE UNIFORM DIRECTED TRUST ACT|Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT|18-B §2104. Common law and principles of equity

 §2104. Common law and principles of equity The common law and principles of equity supplement this Act, except to the extent modified by this Act or law of this State other than this Act.   [PL 2019, c. 301, §8 (NEW).]SECTION HISTORY PL 2019, c. 301, §8 (NEW).
18-B ME Rev Stat § 2105 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 2: MAINE UNIFORM DIRECTED TRUST ACT|Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT|18-B §2105. Exclusions

 §2105. Exclusions 1.  Power of appointment.  In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.   [PL 2019, c. 301, §8 (NEW).] 2.  Exclusions.  This Act does not apply to a:   A. Power of appointment;   [PL 2019, c. 301, §8 (NEW).]B. Power to appoint or remove a trustee or trust director;   [PL 2019, c. 301, §8 (NEW).]C. Power of a settlor over a trust to the extent the settlor has a power to revoke the trust;   [PL 2019, c. 301, §8 (NEW).]D. Power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:   (1) The beneficiary; or   (2) Another beneficiary represented by the beneficiary under the Maine Uniform Trust Code, sections 301 to 305 with respect to the exercise or nonexercise of the power; or   [PL 2019, c. 301, §8 (NEW).]E. Power over a trust if:   (1) The terms of the trust provide that the power is held in a nonfiduciary capacity; and   (2) The power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986 and amendments to that Code as of December 31, 2017.   [PL 2019, c. 301, §8 (NEW).][PL 2019, c. 301, §8 (NEW).] 3.  Power of direction.  Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property that is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.   [PL 2019, c. 301, §8 (NEW).] SECTION HISTORY PL 2019, c. 301, §8 (NEW).
18-B ME Rev Stat § 2106 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 2: MAINE UNIFORM DIRECTED TRUST ACT|Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT|18-B §2106. Powers of trust director

 §2106. Powers of trust director 1.  Power of direction.  Subject to section 2107, the terms of a trust may grant a power of direction to a trust director.   [PL 2019, c. 301, §8 (NEW).] 2.  Powers of trust director.  Unless the terms of a trust provide otherwise:   A. A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection 1; and   [PL 2019, c. 301, §8 (NEW).]B. Trust directors with joint powers shall act by majority decision.   [PL 2019, c. 301, §8 (NEW).][PL 2019, c. 301, §8 (NEW).] SECTION HISTORY PL 2019, c. 301, §8 (NEW).
18-B ME Rev Stat § 2107 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 2: MAINE UNIFORM DIRECTED TRUST ACT|Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT|18-B §2107. Limitations on trust director

 §2107. Limitations on trust director A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under section 2106, subsection 2, paragraph A regarding:   [PL 2019, c. 301, §8 (NEW).]1.  Medicaid payback provision.  A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of Medicaid law in Section 1917 of the federal Social Security Act, 42 United States Code, Section 1396p(d)(4)(A); and   [PL 2019, c. 301, §8 (NEW).] 2.  Charitable interest.  A charitable interest in the trust, including notice regarding the interest to the Attorney General.   [PL 2019, c. 301, §8 (NEW).] SECTION HISTORY PL 2019, c. 301, §8 (NEW).
18-B ME Rev Stat § 2108 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 2: MAINE UNIFORM DIRECTED TRUST ACT|Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT|18-B §2108. Duty and liability of trust director

 §2108. Duty and liability of trust director 1.  Duties and liabilities.  Subject to subsection 2, with respect to a power of direction or further power under section 2106, subsection 2, paragraph A:   A. A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:   (1) If the power is held individually, as a sole trustee in a like position and under similar circumstances; or   (2) If the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances; and   [PL 2019, c. 301, §8 (NEW).]B. The terms of the trust may vary a trust director's duty or liability to the same extent the terms of the trust could vary the duty or liability of a trustee in a like position and under similar circumstances.   [PL 2019, c. 301, §8 (NEW).][PL 2019, c. 301, §8 (NEW).] 2.  Health care provider.  Unless the terms of a trust provide otherwise, if a trust director is licensed, certified or otherwise authorized or permitted by law other than this Act to provide health care in the ordinary course of the director's business or practice of a profession, to the extent the director acts in that capacity, the director has no duty or liability under this Act.   [PL 2019, c. 301, §8 (NEW).] 3.  Additional duties and liabilities.  The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.   [PL 2019, c. 301, §8 (NEW).] SECTION HISTORY PL 2019, c. 301, §8 (NEW).
18-B ME Rev Stat § 2109 (2021)
2021 Maine Revised Statutes|TITLE 18-B: TRUSTS|Part 2: MAINE UNIFORM DIRECTED TRUST ACT|Chapter 21: MAINE UNIFORM DIRECTED TRUST ACT|18-B §2109. Duty and liability of directed trustee

 §2109. Duty and liability of directed trustee 1.  Reasonable action to comply.  Subject to subsection 2, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under section 2106, subsection 2, paragraph A, and the trustee is not liable for the action.   [PL 2019, c. 301, §8 (NEW).] 2.  No compliance if willful misconduct.  A directed trustee may not comply with a trust director's exercise or nonexercise of a power of direction or further power under section 2106, subsection 2, paragraph A to the extent that by complying the trustee would engage in willful misconduct.   [PL 2019, c. 301, §8 (NEW).] 3.  Release from liability not effective.  An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:   A. The breach involved the trustee's or other director's willful misconduct;   [PL 2019, c. 301, §8 (NEW).]B. The release was induced by improper conduct of the trustee or other director in procuring the release; or   [PL 2019, c. 301, §8 (NEW).]C. At the time of the release, the director did not know the material facts relating to the breach.   [PL 2019, c. 301, §8 (NEW).][PL 2019, c. 301, §8 (NEW).] 4.  Petition court for instructions.  A directed trustee that has reasonable doubt about its duty under this section may petition the Probate Court or the Superior Court for instructions.   [PL 2019, c. 301, §8 (NEW).] 5.  Additional duty or liability.  The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this section.   [PL 2019, c. 301, §8 (NEW).] SECTION HISTORY PL 2019, c. 301, §8 (NEW).