reglab/housing_qa huggingface dataset:
IA Code § 633A.2306 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2306 - Court action — trustee’s discretion.

633A.2306 Court action — trustee’s discretion.   1. If a trustee has discretion as to payments to a beneficiary, and refuses to make payments or exercise its discretion, the court shall neither order the trustee to exercise its discretion nor order payment from any such trust, if any such payment would inure, directly or indirectly, to the benefit of a creditor of the beneficiary.   2. Notwithstanding subsection 1, the court may order payment to a creditor of a beneficiary or to a creditor of a deceased beneficiary if the beneficiary has or had an interest in the trust.  2008 Acts, ch 1119, §26  Referred to in §633A.2301
IA Code § 633A.2307 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.2307 - Overdue mandatory distribution.

633A.2307 Overdue mandatory distribution.   1. A creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the required distribution date.   2. For the purposes of this section, “mandatory distribution” means a distribution required by the express terms of the trust of any of the following:   a. All of the income, net income, or principal of the trust.   b. A fraction or percentage of the income or principal of the trust.   c. A specific dollar amount from the trust.   3. A distribution that is subject to a condition shall not be considered a mandatory distribution.   4. If a creditor or assignee of a beneficiary is permitted to reach a mandatory distribution under this section, the sole remedy of the creditor or assignee shall be to apply to the court having jurisdiction of the trust after a reasonable period of time has expired, for a judgment ordering the trustee to pay to the creditor or the assignee a sum of money equal to the lesser of the amount of the debt or assignment, or the amount of the mandatory distribution described in subsection 2. Any other remedy, including but not limited to attachment or garnishment of any interest in the trust, recovery of court costs or attorney fees, or placing a lien of any type on any trust property or on the interest of any beneficiary in the trust, shall not be permitted or ordered by any court. Any writing signed by the beneficiary, allowing any remedy other than payment of the mandatory distribution not made to the beneficiary within a reasonable time after required distribution date, shall be void and shall not be enforced by any court.  2008 Acts, ch 1119, §27
IA Code § 633A.3101 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.3101 - Competency to create, revoke, or modify a revocable trust.

633A.3101 Competency to create, revoke, or modify a revocable trust.   1. To create, revoke, or modify a revocable trust, the settlor must be competent. An aggrieved person shall have all causes of action and remedies available to the aggrieved person in attacking the creation, revocation, or modification of a revocable trust as one would if attacking the propriety of the execution of a will.   2. The level of competency required of a settlor to direct the actions of the trustee, or to contribute property to, or to withdraw property from, a trust is the same as that required to create a revocable trust.  99 Acts, ch 125, §25, 109; 2000 Acts, ch 1150, §14  C2001, §633.3101  2005 Acts, ch 38, §54  CS2005, §633A.3101
IA Code § 633A.3102 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.3102 - Revocation or modification.

633A.3102 Revocation or modification.   1. Unless the terms of the trust expressly provide that the trust is irrevocable, the settlor may revoke or modify the trust. This subsection does not apply to trusts created under instruments executed before July 1, 2000.   2. Except as otherwise provided by the terms of the trust, if a trust is created or funded by more than one settlor, each settlor may revoke or modify the trust as to the portion of the trust contributed by that settlor.   3. A trust that is revocable by the settlor may be revoked or modified by any of the following methods:   a. By compliance with any method specified by the terms of the trust.   b. Unless the terms of the trust expressly make the method specified exclusive, then either of the following:   (1) By a writing, other than a will, signed by the settlor and delivered to the trustee during the settlor’s lifetime.   (2) By a later will or codicil expressly referring to the trust and which makes a devise of the property that would otherwise have passed by the terms of the trust.   4. Upon termination of a revocable trust, the trustee must distribute the trust property as the settlor directs.   5. The settlor’s powers with respect to revocation or modification may be exercised by an agent under a power of attorney only if all of the following apply:   a. The trust instrument expressly authorizes an agent under a power of attorney to exercise such powers.   b. The power of attorney expressly authorizes an agent acting under the power of attorney to exercise such powers.  99 Acts, ch 125, §26, 109  C2001, §633.3102  2005 Acts, ch 38, §54  CS2005, §633A.3102  2006 Acts, ch 1104, §4; 2012 Acts, ch 1123, §16, 32
IA Code § 633A.3103 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.3103 - Other rights of settlor.

633A.3103 Other rights of settlor.   Except to the extent the terms of the trust otherwise provide, while a trust is revocable, all of the following apply unless the trustee actually knows that the individual holding the power to revoke the trust is not competent:   1. The holder of the power, and not the beneficiary, has the rights afforded beneficiaries.   2. The duties of the trustee are owed to the holder of the power.   3. The trustee shall follow a written direction given by the holder of the power, or a person to whom the power has been delegated in writing, without liability for so doing, so long as the action by the delegate is authorized by the trust unless the trustee actually knows that the direction violates the terms of the trust.  99 Acts, ch 125, §27, 109  C2001, §633.3103  2005 Acts, ch 38, §54  CS2005, §633A.3103  2006 Acts, ch 1104, §5  Referred to in §633A.3105, 633A.6202
IA Code § 633A.3104 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.3104 - Claims against revocable trust.

633A.3104 Claims against revocable trust.   1. During the lifetime of the settlor, the trust property of a revocable trust is subject to the debts of the settlor to the extent of the settlor’s power of revocation.   2. Following the death of a settlor, if the settlor’s estate is inadequate to satisfy the debts of the settlor and the charges of the settlor’s estate, the property of a revocable trust, to the extent of the value of the property over which the settlor had a power of revocation, is subject to all of the following:   a. The charges of the settlor’s estate.   b. The debts of the settlor unless barred as provided in section 633A.3109.   3. The personal representative of the settlor’s estate shall submit a statement to the trustee within the period for filing claims against the trust of the amount by which the assets of the estate are insufficient to pay the debts and charges. Subject to the provisions of section 633A.3111, the trustee shall remit to the personal representative the amount needed to pay the charges and shall pay the debts directly to the creditors unless the trustee and personal representative agree to a different manner of payment.   4. If a revocable trust becomes subject to the debts of a settlor and the charges of the settlor’s estate pursuant to this section, following the payment of the proper costs of administration of the trust and any claims against the trust, the debts and charges of the settlor’s estate payable by the trust shall be classified pursuant to sections 633.425 and 633.426 as such sections exist on the date of the settlor’s death and paid in the order listed therein to the extent the settlor’s estate is inadequate to satisfy the listed debts and charges.  99 Acts, ch 125, §28, 109; 2000 Acts, ch 1150, §15  C2001, §633.3104  2005 Acts, ch 38, §54  CS2005, §633A.3104  2006 Acts, ch 1104, §6; 2012 Acts, ch 1123, §17, 18, 32
IA Code § 633A.3105 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.3105 - Rights of and claims against holder of general power of appointment.

633A.3105 Rights of and claims against holder of general power of appointment.   1. The holder of a presently exercisable general power of appointment over trust property has the rights of a holder of the power to revoke a trust under section 633A.3103 to the extent of the property subject to the power.   2. Property in trust subject to a presently exercisable general power of appointment is chargeable with the debts of the holder and charges of the holder’s estate to the same extent as if the holder was a settlor and the power of appointment was a power of revocation.  99 Acts, ch 125, §29, 109  C2001, §633.3105  2005 Acts, ch 38, §54, 55  CS2005, §633A.3105  2006 Acts, ch 1104, §7
IA Code § 633A.3106 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.3106 - Children born or adopted after execution of a revocable trust.

633A.3106 Children born or adopted after execution of a revocable trust.   1. When a settlor fails to provide in a revocable trust for any of the settlor’s children born to or adopted by the settlor after the execution of the trust or the last amendment to the trust, such child, whether born before or after the settlor’s death, shall receive a share of the trust equal in value to that which the child would have received under section 633.219, after taking into account the spouse’s intestate share under section 633.211 or section 633.212, whichever is applicable, as if the settlor had died intestate, unless it appears from the terms of the trust or decedent’s will that such omission was intentional.   2. For the purposes of this section, a child born after the death of the settlor who would have been entitled to a share of the settlor’s probate estate pursuant to section 633.267 shall be treated as a child of the settlor.  99 Acts, ch 125, §30, 109  C2001, §633.3106  2005 Acts, ch 38, §54  CS2005, §633A.3106  2008 Acts, ch 1119, §28, 39; 2011 Acts, ch 18, §5; 2012 Acts, ch 1021, §109
IA Code § 633A.3107 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.3107 - Effect of divorce or dissolution.

633A.3107 Effect of divorce or dissolution.   1. If, after executing a revocable trust, the settlor is divorced or the settlor’s marriage is dissolved, all provisions in the trust in favor of the settlor’s spouse or of a relative of the settlor’s spouse, including but not limited to dispositions, appointments of property, and nominations to serve in any fiduciary or representative capacity, are revoked by divorce or dissolution of marriage unless the trust instrument provides otherwise.   2. Unless the trust instrument provides otherwise, in the event the settlor and spouse remarry each other, the provisions of the revocable trust revoked by the divorce or dissolution of marriage shall be reinstated unless otherwise modified by the settlor, except for provisions in favor of a person who died prior to the remarriage which shall not be reinstated.   3. For the purposes of this section, “relative of the settlor’s spouse” means a person who is related to the divorced settlor’s former spouse by blood, adoption, or affinity, and who, subsequent to the divorce or dissolution of marriage, ceased to be related to the settlor by blood, adoption, or affinity.  99 Acts, ch 125, §31, 109; 2000 Acts, ch 1150, §16  C2001, §633.3107  2005 Acts, ch 38, §40, 54  CS2005, §633A.3107  2013 Acts, ch 30, §193
IA Code § 633A.3108 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.3108 - Limitation on contest of revocable trust.

633A.3108 Limitation on contest of revocable trust.   Unless previously barred by adjudication, consent, or other limitation, if notice is published or given as provided in section 633A.3110 within one year of the settlor’s death, a proceeding to contest the validity of a revocable trust must be brought within the period specified in that notice. If notice is not published or given within that period, a proceeding to contest the validity of a trust must be brought no later than one year following the death of the settlor.  99 Acts, ch 125, §32, 109; 2000 Acts, ch 1150, §17  C2001, §633.3108  2005 Acts, ch 38, §54, 55  CS2005, §633A.3108  2008 Acts, ch 1119, §29, 39; 2012 Acts, ch 1123, §19, 32  Referred to in §633A.3110
IA Code § 633A.3109 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.3109 - Limitation on creditor rights against revocable trust assets after settlor’s death.

633A.3109 Limitation on creditor rights against revocable trust assets after settlor’s death.   1. If notice is published or given as provided in section 633A.3110 within one year of the settlor’s death, any claim against the trust assets will be forever barred unless the creditor files a claim as provided for and within the period specified in the notice.   2. If notice is not published or given, a creditor of a deceased settlor of a revocable trust must bring suit to enforce its claim against the assets of the decedent’s trust within one year of the decedent’s death or be forever barred from collecting against the trust assets. The one-year limitation period shall not be extended by the commencement of probate administration for the settlor.   3. The notice under sections 633.230 and 633.304 in probate of the settlor’s estate does not affect a creditor’s claim under this section.  99 Acts, ch 125, §33, 109; 2000 Acts, ch 1150, §18  C2001, §633.3109  2002 Acts, ch 1119, §101; 2005 Acts, ch 38, §54, 55  CS2005, §633A.3109  2006 Acts, ch 1104, §8, 16; 2012 Acts, ch 1123, §20, 32  Referred to in §633A.3104, 633A.3110
IA Code § 633A.3111 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.3111 - Rights of trustee regarding claims in a probate administration.

633A.3111 Rights of trustee regarding claims in a probate administration.   1. If administration of an estate is commenced in which a revocable trust or a trust in which a holder had at the date of the holder’s death a presently exercisable general power of appointment could be held responsible for the payment of debts of the settlor or holder and the charges of the settlor’s or holder’s estate, the trustee of the trust shall be an interested party in the administration of the estate.   2. The trustee shall receive notice of all potential claims against the trust assets from the personal representative of the estate and must either authorize the payments for which the trust may be found liable or be given the opportunity to dispute or defend any such payment.   3. If debts of the settlor are paid from trust property, the trustee or trust beneficiaries shall have a right to be reimbursed from the settlor’s estate for such payment until the final report of the settlor’s estate has been approved, unless the debts have been barred from being collected from the estate by notice pursuant to section 633.230 or 633.304.  99 Acts, ch 125, §35, 109; 2000 Acts, ch 1150, §19  C2001, §633.3111  2005 Acts, ch 38, §54  CS2005, §633A.3111  2006 Acts, ch 1104, §9; 2012 Acts, ch 1123, §22  Referred to in §633A.3104
IA Code § 633A.3112 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.3112 - Trustee’s liability for distributions.

633A.3112 Trustee’s liability for distributions.   1. A trustee who distributes trust assets without making adequate provisions for the payment of debts and charges that are known or reasonably ascertainable at the time of the distribution shall be jointly and severally liable with the beneficiaries to the extent of the distributions made.   2. A trustee shall be entitled to indemnification from the beneficiaries for all amounts paid for debts and charges under this section, to the extent of distributions made.  2005 Acts, ch 38, §41, 55; 2006 Acts, ch 1104, §10; 2008 Acts, ch 1119, §30; 2011 Acts, ch 34, §141; 2012 Acts, ch 1123, §23, 32
IA Code § 633A.3113 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.3113 - Definitions — revocable trusts.

633A.3113 Definitions — revocable trusts.   As used in this subchapter:   1. “Charges” means the same as defined in section 633.3.   2. “Costs of administration” means the same as defined in section 633.3.   3. “Debts” means the same as defined in section 633.3.  2012 Acts, ch 1123, §24, 32
IA Code § 633A.3114 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.3114 - Allowance to surviving spouse.

633A.3114 Allowance to surviving spouse.   1. Unless a personal representative has been appointed for the settlor’s estate, following the death of a settlor of a revocable trust, the trustee of such revocable trust shall mail a written notice to the surviving spouse pursuant to section 633.40, subsection 5, notifying the surviving spouse of the surviving spouse’s right to submit an application to the trustee, within four months of service of the notice, for a support allowance for a period of twelve months following the death of the settlor, and for a support allowance for the settlor’s dependents who reside with the spouse for the same period of time.   2. Upon receipt of an application for a support allowance, the trustee may set off and pay to the surviving spouse a sufficient amount of trust assets the trustee deems reasonable for the proper support of the surviving spouse for the period of twelve months following the death of the settlor. The trustee shall take into consideration the station of life of the settlor’s surviving spouse, the assets and condition of the trust, the probate and nonprobate assets received by the surviving spouse by reason of the settlor’s death, and the income and other resources of the surviving spouse. The allowance may also include such additional amount as the trustee deems reasonable for the proper support, during such period, of the dependents of the settlor who reside with the surviving spouse. If an application for a support allowance has not been filed within four months following service of the notice by or on behalf of the surviving spouse and the dependents of the settlor who reside with the surviving spouse, the surviving spouse and dependents of the settlor shall be deemed to have waived the right to apply for a support allowance during the administration of the trust.   3. A surviving spouse who qualifies for a support allowance under this section may waive the right to such allowance for the surviving spouse and for the dependents of the settlor who reside with the surviving spouse by submitting an affidavit with the trustee acknowledging receipt of notice and irrevocably waiving the right to an allowance under this section.   4. The opening of an estate for the settlor shall terminate the right of the surviving spouse to apply for a spousal allowance from the trustee of the settlor’s revocable trust or to receive additional support payments from the trust unless the personal representative consents to a continuation of the support payments. If a spousal allowance has been paid from trust assets, the trustee or trust beneficiaries shall have a right subject to court approval to be reimbursed from the settlor’s estate for such payment until the final report of the settlor’s estate has been approved.  2012 Acts, ch 1123, §25, 32  Referred to in §633.374, 633A.3110, 633A.3115
IA Code § 633A.4101 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.4101 - Acceptance or declination to serve as trustee.

633A.4101 Acceptance or declination to serve as trustee.   1. A person named as trustee accepts the office of trustee by doing one of the following:   a. Signing the trust instrument, or signing a separate written acceptance.   b. Except as provided in subsection 3, knowingly accepting delivery of the trust property or exercising powers or performing duties as trustee.   2. A person named as trustee who has not yet accepted the office of trustee may in writing decline to serve as trustee.   3. If there is an immediate risk of damage to the trust property, the person named as trustee may act to preserve the trust property without accepting the office of trustee, if within a reasonable time after acting, the person delivers a written declination to serve to the settlor, or if the settlor is dead or lacks capacity, to the beneficiaries eligible to receive income or principal distributions from the trust.  99 Acts, ch 125, §36, 109; 2000 Acts, ch 1150, §20  C2001, §633.4101  2005 Acts, ch 38, §54  CS2005, §633A.4101
IA Code § 633A.4102 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.4102 - Trustee’s bond.

633A.4102 Trustee’s bond.   1. A trustee is not required to give a bond to secure performance of the trustee’s duties unless one of the following applies:   a. A bond is expressly required by the terms of the trust.   b. A bond is found by the court to be necessary to protect the interests of beneficiaries, regardless of the terms of the trust.   2. If a bond is required, it must be filed, and be in an amount and with sureties and liabilities as the court may order. The court may excuse a requirement of a bond, reduce or increase the amount of a bond, release a surety, or permit the substitution of another bond with the same or different sureties.   3. The amount of a bond otherwise required may be reduced by the value of trust property deposited with a financial institution in a manner that prevents its unauthorized disposition, and by the value of real property which the trustee, by express limitation of power, lacks power to convey without court authorization.   4. Except as otherwise provided by the terms of the trust or ordered by the court, the cost of a bond is charged to the trust.   5. A bank or trust company shall not be required to give a bond, whether or not the terms of the trust require a bond.  99 Acts, ch 125, §37, 109  C2001, §633.4102  2005 Acts, ch 38, §54  CS2005, §633A.4102  Referred to in §633A.6105
IA Code § 633A.4103 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 633A - IOWA TRUST CODE|Section 633A.4103 - Actions by cotrustees.

633A.4103 Actions by cotrustees.   Unless the terms of the trust provide otherwise, the following apply to actions of cotrustees:   1. A power held by cotrustees may be exercised by majority action.   2. If impasse occurs due to the failure to reach a majority decision, any trustee may petition the court to decide the issue, or a majority of the trustees may consent to an alternative form of dispute resolution.   3. If a vacancy occurs in the office of a cotrustee, the remaining cotrustees may act for the trust as if they are the only trustees.   4. If a cotrustee is unavailable to perform duties because of absence, illness, or other temporary incapacity, the remaining cotrustees may act for the trust, as if they were the only trustees, if necessary to accomplish the purposes of the trust or to avoid irreparable injury to the trust property.  99 Acts, ch 125, §38, 109  C2001, §633.4103  2005 Acts, ch 38, §54  CS2005, §633A.4103