reglab/housing_qa huggingface dataset:
NC Gen Stat § 36C-7-707 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 7 - Office of Trustee.|§ 36C-7-707 - Delivery of property by former trustee.

 36C-7-707. Delivery of property by former trustee.(a) 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.(b) 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. A former trustee shall execute those documents acknowledging the transfer of title to trust property as may be reasonably requested by the cotrustee, successor trustee, or other person entitled to it to facilitate administration of the trust, and in the event that the former trustee fails to do so, the clerk of superior court may order the former trustee to execute those documents.  (2005-192, s. 2; 2012-18, s. 3.5.)
NC Gen Stat § 36C-7-708 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 7 - Office of Trustee.|§ 36C-7-708 - Compensation of trustee.

 36C-7-708. Compensation of trustee.(a) If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation determined in accordance with Article 6 of Chapter 32 of the General Statutes.(b) If the terms of a trust specify the trustee's compensation, the trustee is entitled to be compensated as specified. (2005-192, s. 2.)
NC Gen Stat § 36C-7-709 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 7 - Office of Trustee.|§ 36C-7-709 - Reimbursement of expenses.

 36C-7-709. Reimbursement of expenses.A trustee is entitled to be reimbursed out of the trust property for expenses properly incurred in the administration of the trust as provided in G.S. 32-58. (2005-192, s. 2.)
NC Gen Stat § 36C-8-801 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8 - Duties and Powers of Trustee.|§ 36C-8-801 - Duty to administer trust.

 36C-8-801. Duty to administer trust.Upon acceptance of a trusteeship, a 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 this Chapter. (2005-192, s. 2.)
NC Gen Stat § 36C-8-803 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8 - Duties and Powers of Trustee.|§ 36C-8-803 - Impartiality.

 36C-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. (1999-215, s. 1; 2005-192, s. 2.)
NC Gen Stat § 36C-8-804 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8 - Duties and Powers of Trustee.|§ 36C-8-804 - Prudent administration.

 36C-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. (2005-192, s. 2.)
NC Gen Stat § 36C-8-805 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8 - Duties and Powers of Trustee.|§ 36C-8-805 - Cost of administration.

 36C-8-805. Cost 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. (1999-215, s. 1; 2005-192, s. 2.)
NC Gen Stat § 36C-8-806 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8 - Duties and Powers of Trustee.|§ 36C-8-806 - Trustee's skills.

 36C-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. (1999-215, s. 1; 2005-192, s. 2.)
NC Gen Stat § 36C-8-807 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8 - Duties and Powers of Trustee.|§ 36C-8-807 - Delegation by trustee.

 36C-8-807. Delegation by trustee.(a) A trustee may delegate 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.(b) 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.(c) A trustee who complies with subsection (a) 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.(d) 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. (2005-192, s. 2.)
NC Gen Stat § 36C-8-808 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8 - Duties and Powers of Trustee.|§ 36C-8-808 - Powers of a settlor to take certain actions with respect to the trust.

 36C-8-808. Powers of a settlor to take certain actions with respect to the trust.While a trust is revocable, the settlor of a revocable trust has, at all times, the power to direct or consent to the actions of the trustee whether or not the power is conferred upon the settlor by the terms of the trust. The duty and liability of the trustee subject to the direction and consent of the settlor is as follows:(1) The trustee may follow a direction of the settlor that is not authorized by or is contrary to the terms of the trust, even if by doing so (i) the trustee exceeds the authority granted to the trustee under the terms of the trust, or (ii) the trustee would otherwise violate a duty the trustee owes under the trust.(2) The trustee is not liable, individually or as a fiduciary, for any loss resulting directly or indirectly from compliance with the direction. If the settlor requires the settlor's consent to certain actions of the trustee, and the settlor does not provide consent within a reasonable time after the trustee has made a timely request for the settlor's consent, the trustee is not liable, individually or as a fiduciary, for any loss resulting directly or indirectly from the trustee's failure to take any action that required the settlor's consent.  (2005-192, s. 2; 2007-106, s. 34; 2012-18, s. 3.1.)
NC Gen Stat § 36C-8-809 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8 - Duties and Powers of Trustee.|§ 36C-8-809 - Control and protection of trust property.

 36C-8-809. Control and protection of trust property.A trustee shall take reasonable steps to take control of and protect the trust property. (2005-192, s. 2.)
NC Gen Stat § 36C-8-810 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8 - Duties and Powers of Trustee.|§ 36C-8-810 - Record keeping and identification of trust property.

 36C-8-810. Record keeping and identification of trust property.(a) A trustee shall keep adequate records of the administration of the trust.(b) A trustee shall keep trust property separate from the trustee's own property.(c) Except as otherwise provided in subsection (d) 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.(d) If the trustee maintains records clearly indicating the respective interests, a trustee may invest and administer as a whole the property of two or more separate trusts. (2005-192, s. 2; 2007-106, s. 34.1.)
NC Gen Stat § 36C-8-811 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8 - Duties and Powers of Trustee.|§ 36C-8-811 - Enforcement and defense of claims.

 36C-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. (2005-192, s. 2.)
NC Gen Stat § 36C-8-812 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8 - Duties and Powers of Trustee.|§ 36C-8-812 - Collecting trust property.

 36C-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. (2005-192, s. 2.)
NC Gen Stat § 36C-8-813 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8 - Duties and Powers of Trustee.|§ 36C-8-813 - Duty to inform and report.

 36C-8-813. Duty to inform and report.(a) The trustee is under a duty to do all of the following:(1) Provide reasonably complete and accurate information as to the nature and amount of the trust property, at reasonable intervals, to any qualified beneficiary who is a distributee or permissible distributee of trust income or principal.(2) In response to a reasonable request of any qualified beneficiary:a. Provide a copy of the trust instrument.b. Provide reasonably complete and accurate information as to the nature and amount of the trust property.c. Allow reasonable inspections of the subject matter of the trust and the accounts and other documents relating to the trust.(b) Notwithstanding subsection (a) of this section:(1) The duty of the trustee under subsection (a) of this section shall not include informing any beneficiary in advance of transactions relating to the trust property.(2) A trustee is considered to have discharged the trustee's duty under subdivision (1) of subsection (a) of this section as to a qualified beneficiary for matters disclosed by a report sent at least annually and at termination of the trust to the beneficiary that describes the trust property, liabilities, receipts, and disbursements, including the source and amount of the trustee's compensation, and lists the trust assets and their respective market values, including estimated values of assets with uncertain values. No presumption shall arise that a trustee who does not comply with this subdivision failed to discharge the trustee's duty under subdivision (1) of subsection (a) of this section.(c) A qualified beneficiary may waive the right to a trustee's report or other information otherwise required to be furnished under this section. With respect to future reports and other information, a beneficiary may withdraw a waiver previously given.(d) Repealed by Session Laws 2007-106, s. 35, effective October 1, 2007. (2005-192, s. 2; 2007-106, s. 35.)
NC Gen Stat § 36C-8-815 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8 - Duties and Powers of Trustee.|§ 36C-8-815 - General powers of trustee.

 36C-8-815. General powers of trustee.(a) A trustee, without authorization by the court, may exercise any of the following:(1) Powers conferred by the terms of the trust.(2) Except as limited by the terms of the trust:a. All powers over the trust property that an unmarried competent owner has over individually owned property;b. Any other powers appropriate to achieve the proper investment, management, administration, or distribution of the trust property; andc. Any other powers conferred by this Chapter.(b) No provision of this section shall relieve a trustee of the fiduciary duties under this Article. (2005-192, s. 2; 2006-259, s. 13(k).)
NC Gen Stat § 36C-8-817 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8 - Duties and Powers of Trustee.|§ 36C-8-817 - Distribution upon termination.

 36C-8-817. Distribution upon termination.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. (2005-192, s. 2.)
NC Gen Stat § 36C-8-818 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8 - Duties and Powers of Trustee.|§ 36C-8-818 - Notice of deceased Medicaid beneficiaries.

 36C-8-818. Notice of deceased Medicaid beneficiaries.If a trust was established by a person who at the time of that person's death was receiving medical assistance, as defined in G.S. 108A-70.5(b), and the trust was revocable at the time of that person's death, then any trustee of that trust that knows of the medical assistance within 90 days of the person's death shall provide notice of that person's death to the Division of Health Benefits of the Department of Health and Human Services, within 90 days of the person's death. This section does not apply to trustees of preneed funeral trusts established or created pursuant to Article 13D of Chapter 90 of the General Statutes.  (2013-378, s. 5; 2019-81, s. 15(a); 2021-88, s. 9(g).)
NC Gen Stat § 36C-8A-1 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8A - Powers, Duties, and Liability of a Power Holder Other Than a Trustee; Duty and Liability of a Trustee With Respect to Power Holder's Actions.|§ 36C-8A-1 - "Power holder" defined.

 36C-8A-1. "Power holder" defined.(a) For purposes of this Article:(1) The term "power holder" means a person described in subdivision (2) of this subsection that under the terms of a trust has the power to take certain actions with respect to a trust and that is not any of the following:a. A trustee.b. A settlor with a power to direct or consent pursuant to G.S. 36C-8-808.c. A person in which a donor creates a power of appointment.d. A person that has authority to consent to the exercise of a power of appointment.e. A beneficiary with a power over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of the beneficiary or another beneficiary represented by a beneficiary under G.S. 36C-3-301 through G.S. 36C-3-305 with respect to the exercise or nonexercise of the power.(2) A power holder may be any of the following:a. One or more individuals.b. One or more other persons each of which is qualified to exercise trust powers in this State.c. Any combination of the persons described in sub-subdivisions a. and b. of this subdivision.(b) A person is a power holder whether or not the terms of a trust refer to the person as a power holder and, except as otherwise provided in sub-subdivisions (a)(1)b. and e. of this section, whether or not the person is a beneficiary or settlor of the trust.  (2012-18, s. 3.4; 2021-85, s. 2(c).)
NC Gen Stat § 36C-8A-2 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8A - Powers, Duties, and Liability of a Power Holder Other Than a Trustee; Duty and Liability of a Trustee With Respect to Power Holder's Actions.|§ 36C-8A-2 - Powers of a power holder.

 36C-8A-2. Powers of a power holder.(a) The terms of a trust may confer upon a power holder a power to direct or consent to a duty that would normally be required of a trustee, including, but not limited to, a power to direct or consent to the following:(1) Investments, including any action relating to investment of all or any one or more of the trust assets that a trustee may take under this Chapter.(2) Discretionary distributions of trust assets, including distributions to one or more beneficiaries, distribution of one of more trust assets, and termination of the trust by distribution of all of the trust assets.(3) Any other matter regarding trust administration, including the transfer of the principal place of administration of the trust.(b) The terms of a trust may also confer upon a power holder any other power, including, but not limited to, the power to do the following:(1) Modify or amend the trust to do any of the following:a. Achieve favorable tax status under applicable law.b. Take advantage of laws governing restraints on alienation or other State laws restricting the terms of the trust, distribution of trust property, or the administration of the trust.(2) Remove and appoint trustees and power holders.(3) Increase or decrease the interests of any beneficiary.(4) Grant a power of appointment to one or more beneficiaries of the trust or modify the terms of or terminate a power of appointment granted to a beneficiary by the governing instrument, except that a grant or modification of a power of appointment shall not grant a beneficial interest to any of the following:a. Any individual or class of individuals not specifically provided for in the trust instrument.b. The person having the power to grant, modify, or terminate the power of appointment.c. The estate and creditors of the person having the power to grant, modify, or terminate the power of appointment.(5) Change the governing law of the trust.(c) A power holder may exercise any further power appropriate to the exercise or nonexercise of a power granted to the power holder under subsections (a) and (b) of this section.(d) The powers granted to a power holder under this section are subject to the same provisions of G.S. 36C-8-814 regarding discretionary powers and tax savings that are applicable to a trustee in a like position and under similar circumstances.  (2012-18, s. 3.4; 2021-85, s. 2(c).)
NC Gen Stat § 36C-8A-3 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8A - Powers, Duties, and Liability of a Power Holder Other Than a Trustee; Duty and Liability of a Trustee With Respect to Power Holder's Actions.|§ 36C-8A-3 - Duty and liability of power holder.

 36C-8A-3. Duty and liability of power holder.(a) Except as otherwise provided in subsection (f) of this section, a power holder is a fiduciary with respect to the exercise or nonexercise of a power and has the same duty and liability as the following:(1) If the power is not held jointly with the trustee or another power holder, as a sole trustee in a like position and under similar circumstances.(2) If the power is held jointly with the trustee or another power holder, as a cotrustee in a like position and under similar circumstances.(b) Repealed by Session Laws 2021-85, s. 2(c), effective July 8, 2021, and applicable to trusts created before, on, or after that date.(c) The provisions regarding the same duty and liability of a power holder as a trustee in a like position and under similar circumstances include all of the following:(1) The provisions of Article 8 of this Chapter regarding the duties of a trustee.(2) The provisions of G.S. 36C-10-1001 through G.S. 36C-10-1012 regarding liability of trustees and rights of third persons dealing with trustees.(3) The provisions of Article 9 of this Chapter regarding the uniform prudent investor rule.(4) The provisions of G.S. 36C-7-703 regarding cotrustees.(d) Subject to subsection (e) of this section, a power holder shall provide information to a trustee or another power holder to the extent the information is reasonably related both to the powers and duties of a power holder and the powers and duties of the trustee or the other power holder. A trustee or other power holder that acts in reliance on information provided by the power holder is not liable for breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee or the other power holder engages in intentional misconduct.(e) A power holder does not have a duty to monitor a trustee or another power holder or inform or give advice to a settlor, beneficiary, trustee, or another power holder concerning an instance in which the power holder might have acted differently than a trustee or another power holder. By taking the action described in this subsection, the power holder does not assume the duty excluded under this subsection.(f) The terms of a trust may provide that a power holder is a nonfiduciary with respect to the exercise or nonexercise of a power, including the power to achieve the settlor's tax objectives under the Internal Revenue Code. Unless the terms of a trust provide otherwise, the power to remove and appoint a trustee or power holder shall be deemed to be held in a nonfiduciary capacity.  (2012-18, s. 3.4; 2021-85, s. 2(c).)
NC Gen Stat § 36C-8A-4 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8A - Powers, Duties, and Liability of a Power Holder Other Than a Trustee; Duty and Liability of a Trustee With Respect to Power Holder's Actions.|§ 36C-8A-4 - Duty and liability of trustee.

 36C-8A-4. Duty and liability of trustee.(a) If the terms of a trust confer upon a power holder the power to direct certain actions of the trustee, the trustee shall act in accordance with the direction and is not liable, individually or as a fiduciary, for any loss resulting directly or indirectly from compliance with the direction, unless compliance with the direction constitutes intentional misconduct on the part of the trustee.(b) If the terms of a trust confer upon the power holder the power to consent to certain actions of the trustee, and the power holder does not provide consent within a reasonable time after the trustee has made a timely request for the power holder's consent, the trustee is not liable, individually or as a fiduciary, for any loss resulting directly or indirectly from the trustee's failure to take any action that required the power holder's consent.(c) If the terms of a trust confer upon a power holder a power other than the power to direct or to consent to the actions of the trustee described in G.S. 36C-8A-2(a), the trustee is not liable, individually or as a fiduciary, for any loss resulting directly or indirectly from the exercise or nonexercise of the power.(d) A trustee does not have a duty to monitor a power holder or inform or give advice to a settlor, beneficiary, trustee, or power holder concerning an instance in which the trustee might have acted differently from a power holder. By taking an action described in this subsection, a trustee does not assume a duty excluded by this subsection.(e) Subject to subsection (d) of this section, a trustee shall provide information to a power holder to the extent the information is reasonably related both to the powers and duties of the trustee and the powers and duties of the power holder. A power holder that acts in reliance on information provided by a trustee is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the power holder engages in intentional misconduct.  (2012-18, s. 3.4; 2021-85, s. 2(c).)
NC Gen Stat § 36C-8A-4.1 (2021)
2021 North Carolina General Statutes|Chapter 36C - North Carolina Uniform Trust Code|Article 8A - Powers, Duties, and Liability of a Power Holder Other Than a Trustee; Duty and Liability of a Trustee With Respect to Power Holder's Actions.|§ 36C-8A-4.1 - Limitations of actions against power holder for breach of trust.

 36C-8A-4.1. Limitations of actions against power holder for breach of trust.In an action against a power holder for breach of trust, the same limitations of actions apply to the power holder that apply under G.S. 36C-10-1005 to an action for breach of trust against a trustee in a like position and under similar circumstances.  (2021-85, s. 2(c).)