reglab/housing_qa huggingface dataset:
MS Code § 91-8-1103 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 11 - Miscellaneous Provisions|§ 91-8-1103. Severability clause

 If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
MS Code § 91-8-1104 and 91-8-1105 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 11 - Miscellaneous Provisions|§ 91-8-1104 and 91-8-1105.

 Except as otherwise provided in this chapter:    This chapter applies to all trusts created before, on, or after July 1, 2014;   This chapter applies to all judicial proceedings concerning trusts commenced on or after July 1, 2014;   This chapter applies to judicial proceedings concerning trusts commenced before July 1, 2014, unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded law applies;   Any rule of construction or presumption provided in this chapter applies to trust instruments executed before July 1, 2014, unless there is a clear indication of a contrary intent in the terms of the trust; and   An act done before July 1, 2014, is not affected by this chapter.    If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before July 1, 2014, that statute continues to apply to the right even if it has been repealed or superseded.
MS Code § 91-8-1107 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 11 - Miscellaneous Provisions|§ 91-8-1107. Alter ego

 Absent clear and convincing evidence, no settlor of an irrevocable trust may be deemed to be the alter ego of a trustee of such trust.   None of the following factors, by themselves or in combination, may be considered sufficient evidence for a court to conclude that the settlor controls a trustee, or is the alter ego of a trustee of such trust:    Any combination of the factors listed in Section 91-8-1108 regarding dominion and control over a trust;   Isolated occurrences where the settlor has signed checks, made disbursements, or executed other documents related to the trust as a trustee, a trust advisor or a trust protector, when in fact the settlor was not a trustee, trust advisor or trust protector;   Making any requests for distributions on behalf of beneficiaries; or   Making any requests to the trustee to hold, purchase, or sell any trust property.
MS Code § 91-8-1108 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 11 - Miscellaneous Provisions|§ 91-8-1108. Dominion and control over a trust

 In the event a person challenges a settlor's or a beneficiary's influence over a trust, none of the following factors, alone or in combination, shall enter into a determination that dominion and control over a trust exists:    The settlor or a beneficiary is serving as a trustee, a trust advisor, a trust protector, or other fiduciary as described in this Title 91;   The settlor or a beneficiary holds an unrestricted power to remove or replace a trustee, a trust advisor, a trust protector, or other fiduciary;   The settlor or a beneficiary is a trust administrator, a general partner of a partnership, a manager of a limited liability company, an officer of a corporation, or holds any other managerial function relative to any type of entity specified in this section, or relative to any other type of entity not so specified, and part or all of the trust property consists of an interest in such entity;   A person related by blood or adoption to the settlor or a beneficiary is appointed as a trustee, a trust advisor, a trust protector, or other fiduciary;   The settlor's or a beneficiary's agent, accountant, attorney, financial advisor, or friend is appointed as a trustee, a trust advisor, a trust protector, or other fiduciary;   A business associate is appointed as a trustee, a trust advisor, a trust protector, or other fiduciary;   A beneficiary holds any power of appointment over any or all of the trust property;   The settlor holds a power to substitute property of equivalent value for property held by the trust, regardless of whether such power is:   A trustee, a trust advisor, a trust protector or other fiduciary has the power to loan trust property to the settlor for less than a full and adequate rate of interest or without adequate security;   Any language relative to the power to make any distribution provides for any discretion relative to such distribution;   The trust has only one (1) beneficiary eligible for current distributions; or   The beneficiary is serving as a cotrustee, or as a trust advisor or trust protector under Article 12, or as any other fiduciary.    Held in a fiduciary or nonfiduciary capacity;   Exercisable with or without the approval of any person in a fiduciary capacity; or   Exercisable with or without the approval of any person having an interest adverse to such settlor;
MS Code § 91-8-1109 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 11 - Miscellaneous Provisions|§ 91-8-1109. Protection of special needs trusts and other similar trusts for disabled persons

 Notwithstanding the provisions of this chapter that may otherwise be applicable to a trust, no provision thereof shall apply to any special needs trust, supplemental needs trust, or other similar trust established for a person with a disability as a beneficiary, including, without limitation, any trust established pursuant to the provisions of 42 USC Section 1396(p)(d)(4)A or C, as amended from time to time, or other similar federal or state statute, to the extent that the provision would disqualify the trust beneficiary at any time from eligibility for public needs-based assistance benefits for which the beneficiary would otherwise qualify.
MS Code § 91-8-1202 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 12 - Trust Advisors and Trust Protectors|§ 91-8-1202. Trust advisors and trust protectors as fiduciaries

 A trust advisor or trust protector, other than a beneficiary, is a fiduciary with respect to each power granted to the trust advisor or trust protector. In exercising any power or refraining from exercising any power, a trust advisor or trust protector shall act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.   A trust advisor or trust protector is an excluded fiduciary with respect to each power granted or reserved exclusively to any one or more other trustees, trust advisors, or trust protectors.
MS Code § 91-8-1203 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 12 - Trust Advisors and Trust Protectors|§ 91-8-1203. Trust advisor and trust protector subject to court jurisdiction

 By accepting appointment to serve as a trust advisor or trust protector, the trust advisor or the trust protector submits personally to the jurisdiction of the courts of this state even if investment advisory agreements or other related agreements provide otherwise, and the trust advisor or trust protector may be made a party to any action or proceeding relating to a decision, action, or inaction of the trust advisor or trust protector.
MS Code § 91-8-1204 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 12 - Trust Advisors and Trust Protectors|§ 91-8-1204. No duty to review actions of trustee, trust advisor, or trust protector

 Whenever, pursuant to the terms of a trust, an excluded fiduciary is to follow the direction of a trustee, trust advisor, or trust protector with respect to investment decisions, distribution decisions, or other decisions of the nonexcluded fiduciary, then, except to the extent that the terms of the trust provide otherwise, the excluded fiduciary shall have no duty to:    Review, evaluate, perform investment reviews, suitability reviews, inquiries, or investigations, or in any other way monitor the conduct of the trustee, trust advisor, or trust protector;   Make recommendations or evaluations or in any way provide advice to the trustee, trust advisor, or trust protector or consult with the trustee, trust advisor, or trust protector; or   Communicate with or warn or apprise any beneficiary or third party concerning instances in which the excluded fiduciary would or might have exercised the excluded fiduciary's own discretion in a manner different from the manner directed by the trustee, trust advisor, or trust protector.    Absent provisions in the trust instrument to the contrary, the actions of the excluded fiduciary pertaining to matters within the scope of the trustee, trust advisor, or trust protector's authority, including, but not limited to, confirming that the trustee, trust advisor, or trust protector's directions have been carried out and recording and reporting actions taken at the trustee, trust advisor, or trust protector's direction or other information pursuant to Section 91-8-813, shall be deemed to be administrative actions taken by the excluded fiduciary solely to allow the excluded fiduciary to perform those duties assigned to the excluded fiduciary under the terms of the trust; those administrative actions, as well as any communications made by the excluded fiduciary to the trust advisor, trust protector, or any of their agents or persons they have selected to provide services to the trust, shall not be deemed to constitute an undertaking by the excluded fiduciary to monitor the trustee, trust advisor, or trust protector or otherwise participate in actions within the scope of the trustee's, trust advisor's, or trust protector's authority.
MS Code § 91-8-1205 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 12 - Trust Advisors and Trust Protectors|§ 91-8-1205. Fiduciary's liability for action or inaction of trustee, trust advisor, and trust protector

 An excluded fiduciary is not liable, either individually or as a fiduciary, for:    Any loss resulting from compliance with a direction of a trustee, trust advisor, or trust protector, including, but not limited to, any loss from the trustee, trust advisor, or trust protector breaching fiduciary responsibilities or acting beyond the trustee's, trust advisor's, or trust protector's scope of authority;   Any loss resulting from any action or inaction of a trustee, trust advisor, or trust protector; or   Any loss that results from the failure of a trustee, trust advisor, or trust protector to take any action proposed by the excluded fiduciary where the action requires the authorization of the trustee, trust advisor, or trust protector, if an excluded fiduciary who had a duty to propose the action timely sought but failed to obtain the authorization.
MS Code § 91-9-401 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 9 - Trusts and Trustees|Article 9 - Administration of Private Foundation Trusts, Charitable Trusts, and Split-Interest Trusts|§ 91-9-401. Prohibited acts

 In the administration of any trust which is a "private foundation," as defined in Section 509 of the United States Internal Revenue Code, a "charitable trust," as defined in Section 4947(a)(1) of the United States Internal Revenue Code, or a "split-interest trust," as defined in Section 4947(a)(2) of the United States Internal Revenue Code, the following acts shall be prohibited:   Engaging in any act of "self-dealing," as defined in Section 4941(d) of the United States Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4941(a) of the United States Internal Revenue Code;   Retaining any "excess business holdings," as defined in Section 4943(c) of the United States Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4943(a) of the United States Internal Revenue Code;   Making any investments which would jeopardize the carrying out of any of the exempt purposes of the trust, within the meaning of Section 4944 of the United States Internal Revenue Code, so as to give rise to any liability for the tax imposed by Section 4944(a) of the United States Internal Revenue Code; and   Making any "taxable expenditures," as defined in Section 4945(d) of the United States Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4945(a) of the United States Internal Revenue Code.   This section shall not apply either to those split-interest trusts or to amounts thereof which are not subject to the prohibitions applicable to private foundations by reason of the provisions of Section 4947 of the United States Internal Revenue Code.
MS Code § 91-9-403 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 9 - Trusts and Trustees|Article 9 - Administration of Private Foundation Trusts, Charitable Trusts, and Split-Interest Trusts|§ 91-9-403. Distribution of amounts to avoid tax liability

 In the administration of any trust which is a "private foundation," as defined in Section 509 of the United States Internal Revenue Code, or which is a "charitable trust," as defined in Section 4947(a)(1) of the United States Internal Revenue Code, there shall be distributed, for the purposes specified in the trust instrument, for each taxable year, amounts at least sufficient to avoid liability for the tax imposed by Section 4942(a) of the United States Internal Revenue Code.
MS Code § 91-9-405 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 9 - Trusts and Trustees|Article 9 - Administration of Private Foundation Trusts, Charitable Trusts, and Split-Interest Trusts|§ 91-9-405. Applicability of Sections 91-9-401 and 91-9-403 when contrary to trust instrument

 The provisions of Sections 91-9-401 and 91-9-403 shall not apply to any trust to the extent that a court of competent jurisdiction shall determine that such application would be contrary to the terms of the instrument governing such trust and that the same may not properly be changed to conform to such sections. The trustee shall not be held liable to anyone for any payments made under Section 91-9-403 prior to such determination.
MS Code § 91-9-407 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 9 - Trusts and Trustees|Article 9 - Administration of Private Foundation Trusts, Charitable Trusts, and Split-Interest Trusts|§ 91-9-407. Amendment of trust instrument to exclude application of Sections 91-9-401 and 91-9-403

 The trustees of any trust which is a "private foundation" (as defined in Section 509 of the United States Internal Revenue Code), a "charitable trust" (as defined in Section 4947(a)(1) of the United States Internal Revenue Code) or a "split-interest trust" (as defined in Section 4947(a)(2) of the United States Internal Revenue Code) may, without judicial proceedings, amend the governing instrument of such trust expressly to exclude the application of Sections 91-9-401 and 91-9-403, or any portion thereof, by executing a written amendment to such trust and filing a duplicate original of such amendment with the secretary of state of the State of Mississippi, whereupon such section or sections, or any portion thereof, as the case may be, shall not apply to such trust. Neither the trustees nor the trust shall be liable to anyone for any payments made under Section 91-9-403 prior to such amendment.
MS Code § 91-9-409 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 9 - Trusts and Trustees|Article 9 - Administration of Private Foundation Trusts, Charitable Trusts, and Split-Interest Trusts|§ 91-9-409. Rights and powers of courts and attorney general

 Nothing in Sections 91-9-401 through 91-9-411 shall impair the rights and powers of the courts or the attorney general of this state with respect to any trust.
MS Code § 91-9-411 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 9 - Trusts and Trustees|Article 9 - Administration of Private Foundation Trusts, Charitable Trusts, and Split-Interest Trusts|§ 91-9-411. References to United States Internal Revenue Code

 All references to sections of the United States Internal Revenue Code shall be to such law as it exists as of April 28, 1972.
MS Code § 91-9-501 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 9 - Trusts and Trustees|Article 11 - Family Trust Preservation Act of 1998|§ 91-9-501. Definitions

 The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:   "Trust" means the following:   An express trust, private or charitable, with additions thereto, wherever and however created; or   A trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust.   "Trust" excludes the following:   Constructive trusts, other than those described in paragraph (a)(ii) of this section, and resulting trusts;   Guardianships and conservatorships;   Executors and administrators of decedent's estates;   Totten trust accounts;   Custodial arrangements pursuant to the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act of any state;   Business trusts that are taxed as partnerships or corporations;   Investment trusts subject to regulation under the laws of this state or any other jurisdiction;   Common trust funds;   Voting trusts;   Security arrangements;   Transfers in trust for purpose of suit or enforcement of a claim of right;   Liquidation trusts; or   Any arrangement under which a person is nominee or escrowee for another.   "Trustee" means an original, additional, or successor trustee, whether or not appointed or confirmed by a court.   "Trust instrument" means a written instrument which creates, defines or determines a trust, including, but not limited to, a last will and testament of a decedent.
MS Code § 91-9-503 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 9 - Trusts and Trustees|Article 11 - Family Trust Preservation Act of 1998|§ 91-9-503. Beneficiary's interests not subject to transfer; restrictions on transfers and enforcements of money judgments

 Except as provided in Section 91-9-509, if the trust instrument provides that a beneficiary's interest in income or principal or both of a trust is not subject to voluntary or involuntary transfer, the beneficiary's interest in income or principal or both under the trust may not be transferred and is not subject to the enforcement of a money judgment until paid to the beneficiary.
MS Code § 91-9-505 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 9 - Trusts and Trustees|Article 11 - Family Trust Preservation Act of 1998|§ 91-9-505. Trust monies designated for education or support of beneficiary; restrictions on transfers and enforcements of money judgments

 Except as provided in Section 91-9-509, if the trust instrument provides that the trustee shall pay income or principal or both of a trust for the education or support of a beneficiary, the beneficiary's interest in income or principal or both under the trust, to the extent the income or principal or both is necessary for the education or support of the beneficiary, may not be transferred and is not subject to the enforcement of a money judgment until paid to the beneficiary. This section shall not be applied or construed to limit or otherwise diminish a restraint on transfer that is valid under Section 91-9-503.
MS Code § 91-9-507 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 9 - Trusts and Trustees|Article 11 - Family Trust Preservation Act of 1998|§ 91-9-507. Trust monies designated for payments in trustee's discretion; restrictions and liability on payments to transferees or creditors; beneficiary's right to compel payments by trustee

  Except as provided in Section 91-9-509, if the trust instrument provides that the trustee shall pay to or for the benefit of a beneficiary so much of the income or principal or both of a trust as the trustee in the trustee's discretion sees fit to pay, a transferee or creditor of the beneficiary may not compel the trustee to pay any amount from the trust that may be paid only in the exercise of the trustee's discretion. This subsection shall not be applied or construed to limit or otherwise diminish a restraint on transfer that is valid under Section 91-9-503.   If the trustee has knowledge of a transfer of a beneficiary's interest in a trust or has been served with process in a proceeding for garnishment or attachment or the like by a judgment creditor seeking to reach a beneficiary's interest in a trust, and the trustee pays to or for the benefit of the beneficiary any part of the income or principal of the trust that may be paid only in the exercise of the trustee's discretion, the trustee is liable to the transferee or creditor to the extent that the payment to or for the benefit of the beneficiary impairs the right of the transferee or creditor. This subsection does not apply if the beneficiary's interest in the trust is subject to a restraint on transfer that is valid under Section 91-9-503.   This section applies regardless of whether the trust instrument provides a standard for the exercise of the trustee's discretion.   Nothing in this section limits any right the beneficiary may have to compel the trustee to pay to or for the benefit of the beneficiary all or part of the income or principal of a trust.
MS Code § 91-9-509 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 9 - Trusts and Trustees|Article 11 - Family Trust Preservation Act of 1998|§ 91-9-509. Settlor as beneficiary of own trust; invalid restraint on transfers; payments for education or support at trustee's discretion; maximum amount accessible by transferees or creditors

  Except as provided in Sections 91-9-701 through 91-9-723, if the settlor is a beneficiary of a trust created by the settlor and the settlor's interest in the trust is subject to a provision restraining the voluntary or involuntary transfer of the settlor's interest, the restraint is invalid against transferees or creditors of the settlor. The invalidity of the restraint on transfer does not affect the validity of the trust.   Except as provided in Sections 91-9-701 through 91-9-723, if the settlor is a beneficiary of a trust created by the settlor and the trust instrument provides that the trustee shall pay income or principal, or both, of the trust for the education or support of the beneficiary, or gives the trustee discretion to determine the amount of income or principal, or both, of the trust to be paid to or for the benefit of the settlor, a transferee or creditor of the settlor may reach the maximum amount of the trust that the trustee could pay to or for the benefit of the settlor under the trust instrument, not exceeding the amount of the settlor's proportionate contribution to the trust.
MS Code § 91-9-511 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 9 - Trusts and Trustees|Article 11 - Family Trust Preservation Act of 1998|§ 91-9-511. Application of act; date of trust creation

 Sections 91-9-501 through 91-9-511 shall apply to trusts created, defined or determined in trust instruments executed at any time whether before, on or after March 23, 1998.