reglab/housing_qa huggingface dataset:
MO Rev Stat § 456.029 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.029 - Registration procedure.

Effective - 28 Aug 2004   456.029. Registration procedure. — Such registration shall be accomplished by filing a statement, indicating the name and address of the trustee and acknowledging the trusteeship. The statement shall indicate whether the trust has been registered elsewhere and shall identify the trust:  (1) In the case of a testamentary trust, by the name of the testator and the date and place of domiciliary probate;  (2) In the case of a written inter vivos trust, by the name of each settlor and the original trustee and the date of the trust instrument; or  (3) In the case of an oral trust, by information identifying the settlor or other source of funds and describing the time and manner of the trust's creation and the terms of the trust, including the subject matter, beneficiaries and time of performance. A registration may be withdrawn by a similar statement. ­­-------- (L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.410
MO Rev Stat § 456.031 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.031 - Records and certified copies.

Effective - 28 Aug 2004   456.031. Records and certified copies. — The clerk of the probate division of the circuit court shall keep a record for each trust so registered, including trust registration statements, petitions and applications, demands for notices or bonds, and of any orders or responses relating thereto by the court, and establish and maintain a system for indexing, filing or recording which is sufficient to enable users of the records to identify and obtain information about such registered trusts. Upon payment of the fees required by law the clerk must issue certified copies of any record or paper filed or recorded. ­­-------- (L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.420
MO Rev Stat § 456.033 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.033 - Effect of registration.

Effective - 28 Aug 2004   456.033. Effect of registration. — 1. By registering a trust, or accepting the trusteeship of a registered trust, the trustee submits personally to the jurisdiction of the court in any proceeding involving the internal affairs of the trust that may be initiated by any interested person while the trust remains registered. Notice of any such proceeding shall be delivered to the trustee or mailed to him by ordinary first-class mail at his address as listed in the registration statement or as thereafter reported to the court and to his address as then known to the petitioner.  2. To the extent of their interests in the trust, all beneficiaries of a trust registered in this state are subject to the jurisdiction of the court of registration for the purposes of proceedings involving internal affairs of the trust, provided notice is given pursuant to section 472.100.  3. "Interested persons" include beneficiaries and any others having a property right in or claim against a trust estate which may be affected by a judicial proceeding. It also includes persons and other fiduciaries representing interested persons. The meaning as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding.  4. "Internal affairs" proceedings, without limitation, are those which involve interpretation or construction of the terms of the trust by declarations, instructions or judgments as to the existence, nonexistence and extent of rights, powers, privileges, immunities, duties, liabilities and remedies of trustees and beneficiaries in the administration and distribution of trusts, including but not limited to proceedings concerning:  (1) The qualifications, appointment, removal, indemnification, reimbursement, exoneration or surcharge of trustees;  (2) The imposition, change and release of requirements for trustees' bonds;  (3) The employment of agents and compensation to them and to trustees;  (4) The review and settlement of interim and final accounts;  (5) The propriety of investments or of principal and income allocations;  (6) The allowance of deviations from or modifications of trust terms;  (7) The ascertainment of beneficiaries or of beneficial interests;  (8) The requirements for release of registration or change of principal place of administration;  (9) The timing and quantity of distributions and dispositions of assets;  (10) The validity and effect of alienations by beneficiaries, by exercise of powers of appointment or otherwise; and  (11) Terminations of trusts. ­­-------- (L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.430
MO Rev Stat § 456.035 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.035 - Evidence as to death or status — five-year absence presumption of death.

Effective - 28 Aug 2004   456.035. Evidence as to death or status — five-year absence presumption of death. — 1. A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death and the identity of the deceased settlor, trustee, beneficiary or other interested person.  2. A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report.  3. A person who is absent for a continuous period of five years, during which he has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier. ­­-------- (L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.620
MO Rev Stat § 456.037 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.037 - Trust property — when deemed unclaimed.

Effective - 28 Aug 2004   456.037. Trust property — when deemed unclaimed. — 1. Property of any kind remaining in a trust which is not subject to administration or distribution to or for an identifiable beneficiary may be deemed to be unclaimed property when the trustee, after reasonable and diligent search, is unable to find or ascertain the existence of any heirs, legal representatives, successors or assigns of any beneficiary to whom such property is distributable by the trust instrument, by any other instrument pertaining to the trust estate, or by the laws of Missouri.  2. Property of any kind remaining in a trust, which is distributable to or for the benefit of an identified beneficiary, may be deemed to be unclaimed when such beneficiary has, for three years after a good faith attempt to notify him in writing of his right to such property, failed or refused to claim the property. ­­-------- (L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.640
MO Rev Stat § 456.039 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.039 - Procedure by trustee with respect to unclaimed property.

Effective - 28 Aug 2004   456.039. Procedure by trustee with respect to unclaimed property. — 1. Any trustee holding such unclaimed property may file with the state treasurer a verified statement setting forth the reason or reasons why such property is presumed to be unclaimed, the efforts made to find or ascertain any heirs, legal representatives, successors or assigns of any beneficiary or beneficiaries to whom such property is distributable, a list of all instruments known to the trustee that pertain to the trust and their location, with copies of those that are in possession of the trustee, and any further facts causing the trustee to believe that the property is unclaimed, and transfer such property to the state treasurer, who shall issue his receipt therefor.  2. All property so received shall be credited to the escheat fund of the state of Missouri. ­­-------- (L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.650
MO Rev Stat § 456.041 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.041 - Unclaimed property — liability of trustee.

Effective - 28 Aug 2004   456.041. Unclaimed property — liability of trustee. — 1. The payment or delivery of such unclaimed property to the state treasurer by the trustee shall terminate any legal relationship between the trustee and beneficiary or apparent beneficiary to receive such property and shall release and discharge the trustee from any and all liability to such beneficiary, his heirs, personal representatives, successors and assigns by such payment or delivery, regardless of whether such property is in fact or in law unclaimed property.  2. Such payment or delivery may be pleaded as a bar to recovery and shall be a defense in any suit or action brought by the apparent owner, or his heirs, personal representatives, successors or assigns, or any claimant against the trustee by reason of the delivery of payment. ­­-------- (L. 1983 H.B. 117, A.L. 2004 H.B. 1511)  Transferred 2004; formerly 456.660
MO Rev Stat § 456.970 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.970 - Short title.

Effective - 28 Aug 2016   456.970. Short title. — Sections 456.970 to 456.1135 shall be known and may be cited as the "Missouri Uniform Powers of Appointment Act". ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.980 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.980 - Governing Law — common law and principles of equity.

Effective - 28 Aug 2016   456.980. Governing Law — common law and principles of equity. — 1. The creation, revocation, or amendment of the power is governed by the law of the donor's domicile at the relevant time, and the exercise, release, or disclaimer of the power, or the revocation or amendment of the exercise, release, or disclaimer of the power, is governed by the law of the powerholder's domicile at the relevant time.  2. The common law and principles of equity supplement sections 456.970 to 456.1135, except to the extent modified by such sections or other laws of this state. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.985 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.985 - Act to govern powers — exceptions.

Effective - 28 Aug 2018, 2 histories   456.985. Act to govern powers — exceptions. — 1. Except as otherwise provided in the terms of an instrument creating or exercising a power of appointment, sections 456.970 to 456.1135 govern powers of appointment.  2. The terms of an instrument creating or exercising a power of appointment prevail over any provisions of sections 456.970 to 456.1135 except:  (1) The requisites for the creation of a power of appointment under subsections 1 to 4 of section 456.990;  (2) The transferability of a power of appointment by a powerholder under subsection 1 of section 456.995;  (3) The limitations on the authority of a donor to extend a general power of appointment beyond the death of a powerholder under subsection 3 of section 456.995;  (4) The power is exclusionary if the permissible appointees of a power of appointment are not defined and limited under subsection 3 of section 456.1005;  (5) The requisites for the exercise of a power of appointment under section 456.1015;  (6) The effect of an impermissible appointment under section 456.1045;  (7) A general power of appointment which is presently exercisable may be reached by the creditors of the powerholder or the powerholder's estate under section 456.1100. ­­-------- (L. 2016 H.B. 1765, A.L. 2018 H.B. 1250)
MO Rev Stat § 456.990 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.990 - Creations of power of appointment.

Effective - 28 Aug 2016   456.990. Creations of power of appointment. — 1. A power of appointment is created only if:  (1) The instrument creating the power:  (a) Is valid under applicable law; and  (b) Except as otherwise provided in subsection 2 of this section transfers the appointive property; and  (2) The terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.  2. Paragraph (b) of subdivision (1) of subsection 1 of this section does not apply to the creation of a power of appointment by the exercise of a power of appointment.  3. Power of appointment may not be created in a deceased individual.  4. Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.  5. Any property that is the subject of an invalid power of appointment shall be transferred, held or otherwise disposed of in accordance with the valid provisions of the instrument attempting to create the power, if any such provisions exist, or if none, in accordance with other applicable laws, as the case may be. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.995 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.995 - Nontransferability.

Effective - 28 Aug 2016   456.995. Nontransferability. — 1. A powerholder may not transfer a power of appointment.  2. Except as provided in subsection 3 of this section, to the extent a powerholder dies without effectively disclaiming, exercising or releasing a power, the power lapses upon the death of the powerholder.  3. (1) A general power of appointment may provide that the power shall survive the death of the powerholder in the hands of the powerholder's personal representative. Such provision shall be valid only to the extent the powerholder dies after he or she effectively receives the general power, but within the period for disclaiming the power, and only to the extent the powerholder has not disclaimed, exercised or released the power. Under such circumstances, the personal representative of the powerholder may either exercise the power in favor of the powerholder's estate, if the estate is a permissible appointee, or disclaim the power as provided by section 456.1080.  (2) If the power is neither exercised nor disclaimed by the powerholder's personal representative as stated, the power shall lapse at the earlier of the end of the period for making a disclaimer under other applicable Missouri laws or the end of the period in which the power is valid under its terms.  (3) The terms of a general power of appointment providing that "this power of appointment shall survive the death of the powerholder", or words of similar import, shall be sufficient to extend the power after the death of a powerholder in the hands of his or her personal representative in this subsection.  (4) In addition to the protections otherwise afforded under applicable law, the personal representative shall not be individually liable for his or her actions or inactions under this subsection if he or she does not have actual knowledge of the power and all pertinent circumstances reasonably necessary for him or her to make a determination on the exercise, disclaimer or lapse of the power at least one hundred * twenty days prior to the end of the period for making a disclaimer or the end of the period in which the power is valid under its terms, whichever first occurs. The foregoing exemption from liability shall not apply if the personal representative exercises or disclaims the power or allows the power to lapse in bad faith. ­­-------- (L. 2016 H.B. 1765) *Word "and" appears here in original rolls.
MO Rev Stat § 456.1000 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.1000 - Presumption of unlimited authority — exception to presumption of unlimited authority.

Effective - 28 Aug 2016   456.1000. Presumption of unlimited authority — exception to presumption of unlimited authority. — 1. Subject to section 456.1005, the power is:  (1) Presently exercisable;  (2) Exclusionary; and  (3) Except as otherwise provided in subsection 2 of this section, general.  2. The power is nongeneral if:  (1) The power is exercisable only at the powerholder's death; and  (2) The permissible appointees of the power are a defined and limited class that does not include the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1005 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.1005 - Rules of classification.

Effective - 28 Aug 2016   456.1005. Rules of classification. — 1. As used in this section, "adverse party" means a person with a substantial beneficial interest in property which would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.  2. If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.  3. If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1010 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.1010 - Power to revoke or amend.

Effective - 28 Aug 2016   456.1010. Power to revoke or amend. — A donor may revoke or amend a power of appointment only to the extent that the instrument creating the power is revocable by the donor, or the donor reserves a power of revocation or amendment in the instrument creating the power of appointment. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1015 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.1015 - Requisites for exercise of power of appointment.

Effective - 28 Aug 2016   456.1015. Requisites for exercise of power of appointment. — A power of appointment is exercised only if:  (1) The instrument exercising the power is valid under applicable law;  (2) The terms of the instrument exercising the power:  (a) Manifest the powerholder's intent to exercise the power; and  (b) Subject to section 456.1030, satisfy the requirements of exercise, if any, imposed by the donor; and  (3) To the extent the appointment is a permissible exercise of the power. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1020 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.1020 - Intent to exercise — determining intent from residuary clause.

Effective - 28 Aug 2016   456.1020. Intent to exercise — determining intent from residuary clause. — 1. As used in this section:  (1) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause; and  (2) "Will" includes a codicil and a testamentary instrument that revises another will.  2. A residuary clause in a powerholder's will or a comparable clause in the powerholder's revocable trust manifests the powerholder's intent to exercise a power of appointment only if:  (1) The power is a general power exercisable in favor of the powerholder's estate;  (2) There is no gift-in-default clause or the clause is ineffective; and  (3) The powerholder did not release the power. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1025 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.1025 - Intent to exercise — after-acquired power.

Effective - 28 Aug 2016   456.1025. Intent to exercise — after-acquired power. — 1. Except as otherwise provided in subsection 2 of this section, a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause.  2. If the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1030 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.1030 - Substantial compliance with donor-imposed formal requirement.

Effective - 28 Aug 2016   456.1030. Substantial compliance with donor-imposed formal requirement. — A powerholder's substantial compliance with a formal requirement of appointment imposed by the donor is sufficient if the powerholder knows of and intends to exercise the power, and the powerholder's manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement. ­­-------- (L. 2016 H.B. 1765)
MO Rev Stat § 456.1035 (2021)
2021 Missouri Revised Statutes|Title XXXI - Trusts and Estates of Decedents and Persons Under Disability|Chapter 456 - Trusts and Trustees — The Uniform Trust Code|Section 456.1035 - Permissible appointment.

Effective - 28 Aug 2018, 2 histories   456.1035. Permissible appointment. — 1. A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property.  2. A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors.  3. The powerholder of a nongeneral power may:  (1) Make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;  (2) Create a general power or nongeneral power in a permissible appointee; or  (3) Create a nongeneral power in any person to appoint to one or more of the permissible appointees of the original nongeneral power. ­­-------- (L. 2016 H.B. 1765, A.L. 2018 H.B. 1250)