reglab/housing_qa huggingface dataset:
UT Code § 75-7-702 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 7 - Office of Trustee|Section 702 - Trustee's bond.

75-7-702. Trustee's bond.    (1) A trustee shall give bond to secure performance of the trustee's duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement.     (2) The court may specify the amount of a bond, its liabilities, and whether sureties are necessary. The court may modify or terminate a bond at any time.     (3) A regulated financial service institution qualified to do trust business in this state need not give bond, unless required by the terms of the trust. The cost of any bond shall be borne by the trust.     (4) Unless otherwise directed by the court, the cost of the bond is charged to the trust.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-703 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 7 - Office of Trustee|Section 703 - Cotrustees.

 Effective 5/14/2019  75-7-703. Cotrustees.    (1) Cotrustees who are unable to reach a unanimous decision may act by majority decision.     (2) If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.     (3) Subject to Section 75-12-112, a cotrustee must participate in the performance of a trustee's function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law, or other temporary incapacity, or the cotrustee has properly delegated the performance of the function to another trustee.     (4) If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, or if a cotrustee fails or refuses to act after reasonable notice, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.     (5) A trustee may not delegate to a cotrustee the performance of a function the settlor intended the trustees to perform jointly as determined from the terms of the trust. If one of the cotrustees is a regulated financial service institution qualified to do trust business in this state and the remaining cotrustees are individuals, a delegation by the individual cotrustees to the regulated financial service institution of the performance of trust investment functions shall be presumed to be in accordance with the settlor's intent unless the terms of the trust specifically provide otherwise. Unless a delegation was irrevocable, a trustee may revoke a delegation previously made.     (6) Except as otherwise provided in Subsection (7), a trustee who does not join in an action of another trustee is not liable for the action.     (7) Subject to Section 75-12-112, each trustee shall exercise reasonable care to:   (a) prevent a cotrustee from committing a serious breach of trust; and     (b) compel a cotrustee to redress a serious breach of trust.       (8) A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust.    Amended by Chapter 153, 2019 General Session
UT Code § 75-7-704 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 7 - Office of Trustee|Section 704 - Vacancy in trusteeship -- Appointment of successor.

75-7-704. Vacancy in trusteeship -- Appointment of successor.    (1) A vacancy in a trusteeship occurs if:   (a) a person designated as trustee rejects the trusteeship;     (b) a person designated as trustee cannot be identified or does not exist;     (c) a trustee resigns;     (d) a trustee is disqualified or removed;     (e) a trustee dies; or     (f) a guardian or conservator is appointed for an individual serving as trustee, unless otherwise provided in the trust.       (2) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.     (3) A vacancy in a trusteeship required to be filled must be filled in the following order of priority:   (a) by a person designated in the terms of the trust to act as successor trustee;     (b) by a person appointed by unanimous agreement of the qualified beneficiaries; or     (c) by a person appointed by the court.       (4) A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority:   (a) by a person designated in the terms of the trust to act as successor trustee;     (b) by a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust if the attorney general concurs in the selection; or     (c) by a person appointed by the court.       (5) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-705 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 7 - Office of Trustee|Section 705 - Resignation of trustee.

75-7-705. Resignation of trustee.    (1) A trustee may resign:   (a) upon at least 30 days' notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or     (b) with the approval of the court.       (2) In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.     (3) Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee is not discharged or affected by the trustee's resignation.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-706 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 7 - Office of Trustee|Section 706 - Removal of trustee.

75-7-706. Removal of trustee.    (1) The settlor, a cotrustee, or a qualified beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.     (2) The court may remove a trustee if:   (a) the trustee has committed a serious breach of trust;     (b) lack of cooperation among cotrustees substantially impairs the administration of the trust;     (c) because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or     (d) there has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.       (3) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order appropriate relief under Subsection 75-7-1001(2) necessary to protect the trust property or the interests of the beneficiaries.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-707 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 7 - Office of Trustee|Section 707 - Delivery of property by former trustee.

75-7-707. Delivery of property by former trustee.    (1) Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.     (2) A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the cotrustee, successor trustee, or other person entitled to it.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-708 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 7 - Office of Trustee|Section 708 - Compensation of trustee.

75-7-708. Compensation of trustee.  If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the circumstances.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-709 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 7 - Office of Trustee|Section 709 - Reimbursement of expenses.

75-7-709. Reimbursement of expenses.    (1) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for:   (a) expenses that were properly incurred in the administration of the trust; and     (b) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.       (2) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-801 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 8 - Duties and Powers of Trustee|Section 801 - Duty to administer trust.

75-7-801. Duty to administer trust.  Upon acceptance of a trusteeship, the trustee shall administer the trust expeditiously and in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this chapter.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-803 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 8 - Duties and Powers of Trustee|Section 803 - Impartiality.

75-7-803. Impartiality.  If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries' respective interests.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-804 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 8 - Duties and Powers of Trustee|Section 804 - Prudent administration.

75-7-804. Prudent administration.  A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-805 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 8 - Duties and Powers of Trustee|Section 805 - Costs of administration.

75-7-805. Costs of administration.  In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-806 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 8 - Duties and Powers of Trustee|Section 806 - Trustee's skills.

75-7-806. Trustee's skills.  A trustee who is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, shall use those special skills or expertise.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-807 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 8 - Duties and Powers of Trustee|Section 807 - Control and protection of trust property.

75-7-807. Control and protection of trust property.  A trustee shall take reasonable steps to take control of and protect the trust property.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-808 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 8 - Duties and Powers of Trustee|Section 808 - Recordkeeping and identification of trust property.

75-7-808. Recordkeeping and identification of trust property.    (1) A trustee shall keep adequate records of the administration of the trust.     (2) A trustee shall keep trust property separate from the trustee's own property.     (3) Except as otherwise provided in Subsection (4), a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.     (4) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two or more separate trusts.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-809 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 8 - Duties and Powers of Trustee|Section 809 - Enforcement and defense of claims.

75-7-809. Enforcement and defense of claims.  A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-810 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 8 - Duties and Powers of Trustee|Section 810 - Collecting trust property.

75-7-810. Collecting trust property.  A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to redress a breach of trust known to the trustee to have been committed by a former trustee, unless the terms of the trust provide otherwise.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-811 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 8 - Duties and Powers of Trustee|Section 811 - Duty to inform and report.

75-7-811. Duty to inform and report.    (1) Except to the extent the terms of the trust provide otherwise, a trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, and unless otherwise provided by the terms of the trust a trustee shall promptly respond to a qualified beneficiary's request for information related to the administration of the trust.     (2) Except to the extent the terms of the trust provide otherwise, a trustee:   (a) upon request of a qualified beneficiary, shall promptly furnish to the beneficiary a copy of the portions of the trust instrument which describe or affect the beneficiary's interest;     (b) within 60 days after accepting a trusteeship, shall notify the qualified beneficiaries of the acceptance and of the trustee's name, address, and telephone number;     (c) within 60 days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the qualified beneficiaries of the trust's existence, of the identity of the settlor or settlors, of the right to request a copy of the trust instrument, and of the right to a trustee's report as provided in Subsection (3); and     (d) shall notify the qualified beneficiaries in advance of any change in the method or rate of the trustee's compensation.       (3) A trustee shall send to the qualified beneficiaries who request it, at least annually and at the termination of the trust, a report of the trust property, liabilities, receipts, and disbursements, including the amount of the trustee's compensation or a fee schedule or other writing showing how the trustee's compensation was determined, a listing of the trust assets and, if feasible, their respective market values. Upon a vacancy in a trusteeship, unless a cotrustee remains in office, a report must be sent to the qualified beneficiaries by the former trustee, unless the terms of the trust provide otherwise. A personal representative, conservator, or guardian may send the qualified beneficiaries a report on behalf of a deceased or incapacitated trustee.     (4) A qualified beneficiary may waive the right to a trustee's report or other information otherwise required to be furnished under this section. A beneficiary, with respect to future reports and other information, may withdraw a waiver previously given.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-812 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 8 - Duties and Powers of Trustee|Section 812 - Discretionary powers -- Tax savings.

75-7-812. Discretionary powers -- Tax savings.    (1) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute," "sole," or "uncontrolled," the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.     (2) Subject to Subsection (4), and unless the terms of the trust expressly indicate that a rule in this section does not apply:   (a) a person other than a settlor who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit may exercise the power only in accordance with an ascertainable standard relating to the trustee's individual health, education, support, or maintenance within the meaning of Subsection 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, as in effect on May 1, 2004; and     (b) a trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person.       (3) A power whose exercise is limited or prohibited by Subsection (2) may be exercised by a majority of the remaining trustees whose exercise of the power is not so limited or prohibited. If the power of all trustees is so limited or prohibited, the court may appoint a special fiduciary with authority to exercise the power.     (4) Subsection (2) does not apply to:   (a) a power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in Subsection 2056(b)(5) or 2523(e) of the Internal Revenue Code of 1986, as in effect on May 1, 2004, was previously allowed;     (b) any trust during any period that the trust may be revoked or amended by its settlor; or     (c) a trust if contributions to the trust qualify for the annual exclusion under Subsection 2503(c) of the Internal Revenue Code of 1986, as in effect on May 1, 2004.      Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-813 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 8 - Duties and Powers of Trustee|Section 813 - General powers of trustee.

75-7-813. General powers of trustee.    (1) A trustee, without authorization by the court, may exercise:   (a) powers conferred by the terms of the trust; or     (b) except as limited by the terms of the trust:   (i) all powers over the trust property which an unmarried competent owner has over individually owned property;     (ii) any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and     (iii) any other powers conferred by this chapter.         (2) The exercise of a power is subject to the fiduciary duties prescribed by this part.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-815 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 8 - Duties and Powers of Trustee|Section 815 - Distribution upon termination.

75-7-815. Distribution upon termination.    (1) Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within 30 days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.     (2) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.     (3) A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:   (a) it was induced by improper conduct of the trustee; or     (b) the beneficiary, at the time of the release, did not know or had no reason to know of the beneficiary's rights or of the material facts relating to the breach.      Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-816 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 8 - Duties and Powers of Trustee|Section 816 - Recitals when title to real property is in trust -- Failure.

 Effective 5/9/2017  75-7-816. Recitals when title to real property is in trust -- Failure.    (1) When title to real property is granted to a person as trustee, the terms of the trust may be given either:   (a) in the deed of transfer; or     (b) in an instrument signed by the grantor and recorded in the same office as the grant to the trustee.       (2) If the terms of the trust are not made public as required in Subsection (1), a conveyance from the trustee is absolute in favor of purchasers for value who take the property without notice of the terms of the trust.     (3) The terms of the trust recited in the deed of transfer or the instrument recorded under Subsection (1)(b) shall include:   (a) the name of the trustee;     (b) the address of the trustee; and     (c) the name and date of the trust.       (4) Any real property titled in a trust which has a restriction on transfer described in Section 25-6-502 shall include in the title the words "asset protection trust."    Amended by Chapter 204, 2017 General Session
UT Code § 75-7-817 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 8 - Duties and Powers of Trustee|Section 817 - Marital deduction formulas -- Trusts.

75-7-817. Marital deduction formulas -- Trusts.    (1) For estates of decedents dying after December 31, 1981, where a decedent's trust executed before September 13, 1981, contains a formula expressly providing that the decedent's spouse is to receive the maximum amount of property qualifying for the marital deduction allowable by federal law, this formula shall be construed as referring to the unlimited marital deduction allowable by federal law as amended by Section 403(a) of the Economic Recovery Tax Act of 1981.     (2) The intention of a trustor as expressed in the trust shall control the legal effect of any dispositions made by it for purposes of construing Subsection (1), and the rule of construction of Subsection (1) shall apply unless a contrary intention is indicated by the trust.    Enacted by Chapter 89, 2004 General Session