reglab/housing_qa huggingface dataset:
MO Rev Stat § 456.7-704 (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 456.7-704 - Vacancy in trusteeship — appointment of successor.

Effective - 01 Jan 2005   456.7-704. Vacancy in trusteeship — appointment of successor. — 1. A vacancy in a trusteeship occurs if:  (1) a person designated as trustee declines the trusteeship;  (2) a person designated as trustee cannot be identified or does not exist;  (3) a trustee resigns;  (4) a trustee is disqualified or removed;  (5) a trustee dies; or  (6) a guardian or conservator is appointed for an individual serving as trustee.  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:  (1) by a person designated in or pursuant to the terms of the trust to act as successor trustee;  (2) by a person appointed by a majority in number of the qualified beneficiaries; or  (3) by a person appointed by the court.  4. 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. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.7-705 (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 456.7-705 - Resignation of trustee.

Effective - 01 Jan 2005   456.7-705. Resignation of trustee. — 1. A trustee may resign:  (1) upon at least 30 days' notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or  (2) 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. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.7-706 (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 456.7-706 - Removal of trustee.

Effective - 28 Aug 2016, 2 histories   456.7-706. 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 and replaced by the court within its discretion on its own initiative.  2. The court within its discretion may remove and replace a trustee under the following circumstances:  (1) the trustee has committed a serious breach of trust;  (2) lack of cooperation among cotrustees substantially impairs the administration of the trust;  (3) 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  (4) the trustee has substantially and materially reduced the level of services provided to that trust and has failed to reinstate a substantially equivalent level of services within ninety days after receipt of notice by the settlor, a cotrustee, or a qualified beneficiary or removal is requested by all of the qualified beneficiaries and in either such case the party seeking removal establishes to the court that:  (a) removal of the trustee best serves the interests of all of the beneficiaries;  (b) removal of the trustee is not inconsistent with a material purpose of the trust; and  (c) a suitable cotrustee or successor trustee is available and willing to serve.  3. In an action to remove a trustee under subdivision (4) of subsection 2 of this section, the following apply:  (1) In the event that a corporation is the trustee being removed, a replacement cotrustee or successor trustee shall be such trustee or trustees as the court finds suitable under the circumstances.  (2) In the event that a successor trustee is not appointed under the provisions of section 456.7-704 or the court finds that all potential successor trustees are not suitable, then the court may appoint such trustee or trustees as the court finds suitable under the circumstances.  (3) With respect to a trust created under an instrument executed before January 1, 2005, the provisions of subdivision (4) of subsection 2 of this section shall not apply if the instrument contains any language or procedures concerning removal of any trustee designated in the trust instrument.  4. 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 such appropriate relief under subsection 2 of section 456.10-1001 as may be necessary to protect the trust property or the interests of the beneficiaries. ­­-------- (L. 2004 H.B. 1511, A.L. 2016 H.B. 1765)
MO Rev Stat § 456.7-707 (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 456.7-707 - Delivery of property by former trustee.

Effective - 01 Jan 2005   456.7-707. 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. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.7-708 (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 456.7-708 - Compensation of trustee.

Effective - 01 Jan 2005   456.7-708. Compensation of trustee. — 1. 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.  2. If the terms of a trust specify the trustee's compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if:  (1) the duties of the trustee are substantially different from those contemplated when the trust was created; or  (2) the compensation specified by the terms of the trust would be unreasonably low or high.  3. For purposes of this section, reasonable compensation may include fees that take into account the administration of both income and principal whether or not the will or trust instrument contains provisions relating to compensation of the trustee. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.7-709 (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 456.7-709 - Reimbursement of expenses.

Effective - 01 Jan 2005   456.7-709. Reimbursement of expenses. — 1. A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for:  (1) expenses that were properly incurred in the administration of the trust; and  (2) 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. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.8-801 (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 456.8-801 - Duty to administer trust.

Effective - 01 Jan 2005   456.8-801. Duty to administer trust. — Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with sections 456.1-101 to 456.11-1106. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.8-803 (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 456.8-803 - Impartiality.

Effective - 01 Jan 2005   456.8-803. 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. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.8-804 (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 456.8-804 - Prudent administration.

Effective - 01 Jan 2005   456.8-804. 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. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.8-805 (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 456.8-805 - Costs of administration.

Effective - 01 Jan 2005   456.8-805. 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. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.8-806 (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 456.8-806 - Trustee's skills.

Effective - 01 Jan 2005   456.8-806. Trustee's skills. — A trustee who has special skills or expertise, or 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. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.8-807 (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 456.8-807 - Delegation by trustee.

Effective - 01 Jan 2005   456.8-807. Delegation by trustee. — 1. A trustee may delegate to an agent duties and powers that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:  (1) selecting an agent;  (2) establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and  (3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.  2. In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.  3. A trustee who complies with subsection 1 of this section is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.  4. By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this state, an agent submits to the jurisdiction of the courts of this state. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.8-809 (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 456.8-809 - Control and protection of trust property.

Effective - 01 Jan 2005   456.8-809. Control and protection of trust property. — A trustee shall take reasonable steps to take control of and protect the trust property, except that this duty does not apply to, and the trustee is not responsible for, items of tangible personal property that are property of a trust revocable by the settlor and that are not in the possession or control of the trustee. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.8-810 (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 456.8-810 - Record keeping and identification of trust property.

Effective - 01 Jan 2005   456.8-810. Record keeping 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 of this section, 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. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.8-811 (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 456.8-811 - Enforcement and defense of claims.

Effective - 01 Jan 2005   456.8-811. Enforcement and defense of claims. — A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.8-812 (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 456.8-812 - Collecting trust property.

Effective - 01 Jan 2005   456.8-812. 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. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.8-814 (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 456.8-814 - Discretionary powers — tax savings.

Effective - 28 Aug 2006   456.8-814. Discretionary powers — tax savings. — 1. Notwithstanding the use of such terms as "absolute,""sole," or "uncontrolled," in the exercise of discretion under an ascertainable standard, the trustee shall exercise such 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 of this section, and unless the terms of the trust expressly indicate that a rule in this subsection does not apply:  (1) 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;  (2) 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; and  (3) for purposes of this subsection 2 of this section, the term "trustee" shall include a person who is deemed to have any power of a trustee, whether because such person has the right to remove or replace any trustee, because a reciprocal trust or power doctrine applies, or for any other reason.  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 of this section does not apply to:  (1) a power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in Section 2056(b)(5) or 2523(b)(5) of the Internal Revenue Code was previously allowed;  (2) any trust during any period that the trust may be revoked or amended by its settlor; or  (3) a trust if contributions to the trust qualify for the annual exclusion under Section 2503(c) of the Internal Revenue Code. ­­-------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892)
MO Rev Stat § 456.8-815 (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 456.8-815 - General powers of trustee.

Effective - 01 Jan 2005   456.8-815. General powers of trustee. — 1. A trustee, without authorization by the court, may exercise:  (1) powers conferred by the terms of the trust; and  (2) except as limited by the terms of the trust:  (a) all powers over the trust property which an unmarried competent owner has over individually owned property;  (b) any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and  (c) any other powers conferred by sections 456.1-101 to 456.11-1106.  2. The exercise of a power is subject to the fiduciary duties prescribed by section 456.8-801 to 456.8-814. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.8-817 (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 456.8-817 - Distribution upon termination.

Effective - 01 Jan 2005   456.8-817. 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 thirty 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:  (1) it was induced by improper conduct of the trustee; or  (2) the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts relating to the breach. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.10-1001 (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 456.10-1001 - Remedies for breach of trust.

Effective - 01 Jan 2005   456.10-1001. Remedies for breach of trust. — 1. A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.  2. To remedy a breach of trust that has occurred or may occur, the court may:  (1) compel the trustee to perform the trustee's duties;  (2) enjoin the trustee from committing a breach of trust;  (3) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;  (4) order a trustee to account;  (5) appoint a special fiduciary to take possession of the trust property and administer the trust;  (6) suspend the trustee;  (7) remove the trustee as provided in section 456.7-706;  (8) reduce or deny compensation to the trustee;  (9) subject to section 456.10-1012, void an act of the trustee, impose a lien or a constructive trust on trust property, or trace trust property wrongfully disposed of and recover the property or its proceeds; or  (10) order any other appropriate relief. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.10-1002 (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 456.10-1002 - Damages for breach of trust.

Effective - 01 Jan 2005   456.10-1002. Damages for breach of trust. — 1. A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:  (1) the amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or  (2) the profit the trustee made by reason of the breach.  2. Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees that are also liable. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.10-1003 (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 456.10-1003 - Damages in absence of breach.

Effective - 01 Jan 2005   456.10-1003. Damages in absence of breach. — 1. A trustee is accountable to an affected beneficiary for any profit made by the trustee arising from the administration of the trust, even absent a breach of trust.  2. Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.10-1004 (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 456.10-1004 - Attorney's fees and costs.

Effective - 01 Jan 2005   456.10-1004. Attorney's fees and costs. — In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the trust that is the subject of the controversy. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05