reglab/housing_qa huggingface dataset:
ID Code § 15-6-310 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 6 - NONPROBATE TRANSFERS|Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT|Section 15-6-310 - TERMS, CONDITIONS AND FORMS FOR REGISTRATION.

15-6-310. TERMS, CONDITIONS AND FORMS FOR REGISTRATION. (1) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary’s descendants to take in the place of the named beneficiary in the event of the beneficiary’s death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes." This designation substitutes a deceased beneficiary’s descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary’s domicile at the owner’s death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one (1) or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity’s terms and conditions. (2) The following are illustrations of registrations in beneficiary form which a registering entity may authorize: (a) Sole owner-sole beneficiary: John S. Brown, TOD (or POD) John S. Brown Jr. (b) Multiple owners-sole beneficiary: John S. Brown, Mary B. Brown, JT TEN TOD John S. Brown Jr. (c) Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown, Mary B. Brown, JT TEN TOD John S. Brown Jr., SUB BENE Peter Q. Brown or John S. Brown, Mary B. Brown, JT TEN TOD John S. Brown Jr., LDPS.  History: [15-6-310, added 1996, ch. 303, sec. 1, p. 999.]
ID Code § 15-6-311 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 6 - NONPROBATE TRANSFERS|Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT|Section 15-6-311 - SHORT TITLE — RULES OF CONSTRUCTION.

15-6-311. SHORT TITLE — RULES OF CONSTRUCTION. (1) This part shall be known as and may be cited as the "Uniform TOD Security Registration Act." (2) This act shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this act among states enacting it. (3) Unless displaced by the particular provisions of this act, the principles of law and equity supplement its provisions.  History: [15-6-311, added 1996, ch. 303, sec. 1, p. 999.]
ID Code § 15-6-312 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 6 - NONPROBATE TRANSFERS|Part 3 - UNIFORM TOD SECURITY REGISTRATION ACT|Section 15-6-312 - APPLICATION OF PART.

15-6-312. APPLICATION OF PART. This part applies to registrations of securities in beneficiary form made before or after the effective date of this act, by decedents dying on or after the effective date of this act.  History: [15-6-312, added 1996, ch. 303, sec. 1, p. 999.]
ID Code § 15-6-401 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 6 - NONPROBATE TRANSFERS|Part 4 - COMMUNITY PROPERTY RIGHT OF SURVIVORSHIP|Section 15-6-401 - COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN REAL PROPERTY.

15-6-401. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN REAL PROPERTY. Any estate in real property held by a husband and wife as community property with right of survivorship shall, upon the death of one (1) spouse, transfer and belong to the surviving spouse. An estate in community property with right of survivorship is created by a grant, transfer or devise to a husband and wife, when expressly declared in the grant, transfer or devise to be an estate in community property with right of survivorship. An estate in community property with right of survivorship may also be created by grant or transfer from a husband and wife, when holding title as community property or otherwise, to themselves or from either husband or wife to both husband and wife when expressly declared in the grant, transfer or devise to be an estate in community property with right of survivorship.  History: [15-6-401, added 2008, ch. 175, sec. 1, p. 478.]
ID Code § 15-6-402 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 6 - NONPROBATE TRANSFERS|Part 4 - COMMUNITY PROPERTY RIGHT OF SURVIVORSHIP|Section 15-6-402 - TERMINATION OF COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN REAL PROPERTY.

15-6-402. TERMINATION OF COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN REAL PROPERTY. (1) In the case of real property owned by a husband and wife as community property with right of survivorship pursuant to section 15-6-401, Idaho Code, the right of survivorship is extinguished on the recordation in the office of the recorder of the county or counties where the real property is located an affidavit entitled "affidavit terminating right of survivorship" executed by either spouse under oath which sets forth: (a) A stated intent by the spouse to terminate the survivorship right; (b) A description in the instrument by which the right of survivorship was created, including the date the instrument was recorded and the county recorder’s book and page or instrument reference number; and (c) The legal description of the real property affected by the affidavit. The recordation shall not extinguish the community interest of either spouse. (2) Divorce, or annulment of the marriage of, the husband and wife, unless otherwise ordered by the court in which the divorce is granted, severs the interests of the former spouses in property held by them at the time of the divorce or annulment as community property with the right of survivorship and transforms the interests of the former spouses into tenancies in common. A severance under this section does not affect any third party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses unless a writing declaring the severance has been noted, registered, filed or recorded in records appropriate to the kind and location of the property that a person relied upon as evidence of ownership in the ordinary course of transactions involving that property.  History: [15-6-402, added 2008, ch. 175, sec. 1, p. 478.]
ID Code § 15-6-403 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 6 - NONPROBATE TRANSFERS|Part 4 - COMMUNITY PROPERTY RIGHT OF SURVIVORSHIP|Section 15-6-403 - COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN PERSONAL PROPERTY.

15-6-403. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN PERSONAL PROPERTY. Any estate in personal property held by a husband and wife as community property with right of survivorship shall, upon the death of one (1) spouse, transfer and belong solely to the surviving spouse as a nontestamentary disposition at death. The first deceased spouse does not have a right of disposition at death of any interest in community property with right of survivorship. An estate in community property with right of survivorship is created by a written grant, transfer or devise to a husband and wife when expressly declared in the written grant, transfer or devise to be an estate in community property with right of survivorship. An estate in community property with right of survivorship may also be created by written grant or transfer from a husband and wife, when holding title as community property or otherwise, to themselves or from either husband or wife to both husband and wife when expressly declared in the written grant, transfer or devise to be an estate in community property with right of survivorship. The grant, transfer or devise is effective upon delivery, while both husband and wife are alive, to the entity at which the personal property is held. A written grant, transfer or devise includes the making of the appropriate choice on a form from the entity at which the personal property is held.  History: [15-6-403, added 2015, ch. 247, sec. 1, p. 1043.]
ID Code § 15-6-404 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 6 - NONPROBATE TRANSFERS|Part 4 - COMMUNITY PROPERTY RIGHT OF SURVIVORSHIP|Section 15-6-404 - TERMINATION OF COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN PERSONAL PROPERTY.

15-6-404. TERMINATION OF COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP IN PERSONAL PROPERTY. (1) The right of survivorship is extinguished by a document executed by either spouse that sets forth: (a) A stated intent by the spouse to terminate the survivorship right; (b) A description of the instrument by which the right of survivorship was created, including the date the instrument was executed; and (c) A description of the personal property affected by the document. The execution of the document shall not extinguish the community interest of either spouse. (2) The right of survivorship is extinguished upon delivery, while both husband and wife are alive, of the document described in subsection (1) of this section to the entity at which the personal property is held. (3) Divorce or annulment of the marriage of the husband and wife, unless otherwise ordered by the court in which the divorce is granted, severs the interests of the former spouses in property held by them at the time of the divorce or annulment as community property with the right of survivorship and transforms the interests of the former spouses into tenancies in common. A severance under this section does not affect any third party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses unless a writing declaring the severance has been noted, registered, filed or recorded in records appropriate to the kind and location of the property that a person relied upon as evidence of ownership in the ordinary course of transactions involving that property. (4) If both spouses are deceased and it cannot be reasonably ascertained which spouse was the first to die and which spouse survived, the right of survivorship shall be deemed terminated and the property treated as community property without the right of survivorship.  History: [15-6-404, added 2015, ch. 247, sec. 2, p. 1044.]
ID Code § 15-7-101 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 1 - TRUST REGISTRATION|Section 15-7-101 - DUTY TO REGISTER TRUSTS.

15-7-101. DUTY TO REGISTER TRUSTS. The trustee of a trust having its principal place of administration in this state shall register the trust in the court of this state at the principal place of administration. Unless otherwise designated in the trust instrument, the principal place of administration of a trust is the trustee’s usual place of business where the records pertaining to the trust are kept, or at the trustee’s residence if he has no such place of business. In the case of co-trustees, the principal place of administration, if not otherwise designated in the trust instrument, is (1) the usual place of business of the corporate trustee if there is but one (1) corporate co-trustee, or (2) the usual place of business or residence of the individual trustee who is a professional fiduciary if there is but one (1) such person and no corporate co-trustee, and otherwise (3) the usual place of business or residence of any of the co-trustees as agreed upon by them. The duty to register under this Part does not apply to the trustee of a trust if registration would be inconsistent with the retained jurisdiction of a foreign court from which the trustee cannot obtain release.  History: [I.C., sec. 15-7-101, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-102 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 1 - TRUST REGISTRATION|Section 15-7-102 - REGISTRATION PROCEDURES.

15-7-102. REGISTRATION PROCEDURES. Registration shall be accomplished by filing a statement indicating the name and address of the trustee in which it acknowledges the trusteeship. The statement shall indicate whether the trust has been registered elsewhere. The statement 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. If a trust has been registered elsewhere, registration in this state is ineffective until the earlier registration is released by order of the court where prior registration occurred, or an instrument executed by the trustee and all beneficiaries, filed with the registration in this state.  History: [I.C., sec. 15-7-102, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-103 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 1 - TRUST REGISTRATION|Section 15-7-103 - EFFECT OF REGISTRATION.

15-7-103. EFFECT OF REGISTRATION. (a) 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 under [section] 15-7-201 of this code relating to the trust that may be initiated by any interested person while the trust remains registered. Notice of any proceeding shall be delivered to the trustee, or mailed to him by ordinary first class mail at his address as listed in the registration or as thereafter reported to the court and to his address as then known to the petitioner. (b) To the extent of their interests in the trust, all beneficiaries of a trust properly registered in this state are subject to the jurisdiction of the court of registration for the purposes of proceedings under section 15-7-201 of this code, provided notice is given pursuant to section 15-1-401 of this code.  History: [I.C., sec. 15-7-103, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-104 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 1 - TRUST REGISTRATION|Section 15-7-104 - EFFECT OF FAILURE TO REGISTER.

15-7-104. EFFECT OF FAILURE TO REGISTER. A trustee who fails to register a trust in a proper place as required by this Part, for purposes of any proceedings initiated by a beneficiary of the trust prior to registration, is subject to the personal jurisdiction of any court in which the trust could have been registered. In addition, any trustee who, within thirty (30) days after receipt of a written demand by a settlor or beneficiary of the trust, fails to register a trust as required by this chapter is subject to removal and denial of compensation or to surcharge as the court may direct unless directed not to register by all beneficiaries or as provided in section 15-1-108 of this code a person with a general power of appointment representing all the beneficiaries and acting for them. A provision in the terms of the trust purporting to excuse the trustee from the duty to register, or directing that the trust or trustee shall not be subject to the jurisdiction of the court, is ineffective.  History: [I.C., sec. 15-7-104, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-105 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 1 - TRUST REGISTRATION|Section 15-7-105 - REGISTRATION — QUALIFICATION OF FOREIGN TRUSTEE.

15-7-105. REGISTRATION — QUALIFICATION OF FOREIGN TRUSTEE. A foreign corporate trustee is required to qualify as a foreign corporation doing business in this state if it maintains the principal place of administration of any trust within the state. A foreign cotrustee is not required to qualify in this state solely because its cotrustee maintains the principal place of administration in this state. Unless otherwise doing business in this state, local qualification by a foreign trustee, corporate or individual, is not required in order for the trustee to receive distribution from a local estate or to hold, invest in, manage or acquire property located in this state, or maintain litigation. Nothing in this section affects a determination of what other acts require qualification as doing business in this state.  History: [I.C., sec. 15-7-105, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-201 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 2 - JURISDICTION OF COURT CONCERNING TRUSTS|Section 15-7-201 - COURT — EXCLUSIVE JURISDICTION OF TRUSTS.

15-7-201. COURT — EXCLUSIVE JURISDICTION OF TRUSTS. (a) The court of registration has exclusive jurisdiction of proceedings initiated by interested parties concerning the internal affairs of trusts. Proceedings which may be maintained under this section are those concerning the administration and distribution of trusts, the declaration of rights and the determination of other matters involving trustees and beneficiaries of trusts. These include, but are not limited to, proceedings to: (1) appoint or remove a trustee; (2) review trustees’ fees and to review and settle interim or final accounts; (3) ascertain beneficiaries, to determine any question arising in the administration or distribution of any trust including questions of construction of trust instruments, to instruct trustees, and to determine the existence or nonexistence of any immunity, power, privilege, duty or right; and (4) release registration of a trust. (b) Neither registration of a trust nor a proceeding under this section results in continuing supervisory proceedings. The management and distribution of a trust estate, submission of accounts and reports to beneficiaries, payment of trustee’s fees and other obligations of a trust, acceptance and change of trusteeship, and other aspects of the administration of a trust shall proceed expeditiously consistent with the terms of the trust, free of judicial intervention and without order, approval or other action of any court, subject to the jurisdiction of the court as invoked by interested parties or as otherwise exercised as provided by law.  History: [I.C., sec. 15-7-201, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-202 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 2 - JURISDICTION OF COURT CONCERNING TRUSTS|Section 15-7-202 - TRUST PROCEEDINGS — VENUE.

15-7-202. TRUST PROCEEDINGS — VENUE. Venue for proceedings under section 15-7-201 of this Part involving registered trusts is in the place of registration. Venue for proceedings under section 15-7-201 of this Part involving trusts not registered in this state is in any place where the trust properly could have been registered, and otherwise by the rules of civil procedure.  History: [I.C., sec. 15-7-202, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-203 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 2 - JURISDICTION OF COURT CONCERNING TRUSTS|Section 15-7-203 - TRUST PROCEEDINGS — DISMISSAL OF MATTERS RELATING TO FOREIGN TRUSTS.

15-7-203. TRUST PROCEEDINGS — DISMISSAL OF MATTERS RELATING TO FOREIGN TRUSTS. The court will not, over the objection of a party, entertain proceedings under section 15-7-201 of this Part involving a trust registered or having its principal place of administration in another state, unless (1) when all appropriate parties could not be bound by litigation in the courts of the state where the trust is registered or has its principal place of administration or (2) when the interests of justice otherwise would seriously be impaired. The court may condition a stay or dismissal of a proceeding under this section on the consent of any party to jurisdiction of the state in which the trust is registered or has its principal place of business, or the court may grant a continuance or enter any other appropriate order.  History: [I.C., sec. 15-7-203, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-204 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 2 - JURISDICTION OF COURT CONCERNING TRUSTS|Section 15-7-204 - COURT — CONCURRENT JURISDICTION OF LITIGATION INVOLVING TRUSTS AND THIRD PARTIES.

15-7-204. COURT — CONCURRENT JURISDICTION OF LITIGATION INVOLVING TRUSTS AND THIRD PARTIES. The court of the place in which the trust is registered has concurrent jurisdiction with other courts of this state of actions and proceedings to determine the existence or nonexistence of trusts created other than by will, of actions by or against creditors or debtors of trusts, and of other actions and proceedings involving trustees and third parties. Venue is determined by the rules generally applicable to civil action.  History: [I.C., sec. 15-7-204, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-205 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 2 - JURISDICTION OF COURT CONCERNING TRUSTS|Section 15-7-205 - PROCEEDINGS FOR REVIEW OF EMPLOYMENT OF AGENTS AND REVIEW OF COMPENSATION OF TRUSTEE AND EMPLOYEES OF TRUST.

15-7-205. PROCEEDINGS FOR REVIEW OF EMPLOYMENT OF AGENTS AND REVIEW OF COMPENSATION OF TRUSTEE AND EMPLOYEES OF TRUST. On petition of an interested person, after notice to all interested persons, the court may review the propriety of employment of any person by a trustee including any attorney, auditor, investment advisor or other specialized agent or assistant, and the reasonableness of the compensation of any person so employed, and the reasonableness of the compensation determined by the trustee for his own services. Any person who has received excessive compensation from a trust may be ordered to make appropriate refunds.  History: [I.C., sec. 15-7-205, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-206 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 2 - JURISDICTION OF COURT CONCERNING TRUSTS|Section 15-7-206 - TRUST PROCEEDINGS — INITIATION BY NOTICE — NECESSARY PARTIES.

15-7-206. TRUST PROCEEDINGS — INITIATION BY NOTICE — NECESSARY PARTIES. Proceedings under section 15-7-201 of this Part are initiated by filing a petition in the court and giving notice pursuant to section 15-1-401 of this code to interested parties. The court may order notification of additional persons. A decree is valid as to all who are given notice of the proceeding though fewer than all interested parties are notified.  History: [I.C., sec. 15-7-206, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-7-301 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 7 - TRUST ADMINISTRATION|Part 3 - DUTIES AND LIABILITIES OF TRUSTEES|Section 15-7-301 - GENERAL DUTIES NOT LIMITED.

15-7-301. GENERAL DUTIES NOT LIMITED. Except as specifically provided, the general duty of the trustee to administer a trust expeditiously for the benefit of the beneficiaries is not altered by this code.  History: [I.C., sec. 15-7-301, as added by 1971, ch. 111, sec. 1, p. 233.]