reglab/housing_qa huggingface dataset:
MS Code § 91-8-803 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 8 - Duties and Powers of Trustee|§ 91-8-803. Impartiality

 If a trust has two (2) or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries' respective interests and the purposes of the trust.
MS Code § 91-8-804 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 8 - Duties and Powers of Trustee|§ 91-8-804. 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.
MS Code § 91-8-805 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 8 - Duties and Powers of Trustee|§ 91-8-805. 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.
MS Code § 91-8-806 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 8 - Duties and Powers of Trustee|§ 91-8-806. 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.
MS Code § 91-8-807 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 8 - Duties and Powers of Trustee|§ 91-8-807. Delegation by trustee

 A trustee may delegate duties and powers that a prudent trustee could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:    Selecting an agent;   Establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and   Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.    In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care, skill, and caution to comply with the terms of the delegation.   A trustee who complies with subsection (a) is not liable to the beneficiaries or to the trust for an action or inaction of the agent to whom the function was delegated.   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.
MS Code § 91-8-808 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 8 - Duties and Powers of Trustee|§ 91-8-808. Powers to direct

 While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust or contrary to the normal practice of the trustee in regard to the action requested.   If the terms of a trust confer upon a person other than the settlor of a revocable trust power to direct certain actions of the trustee, the trustee shall act in accordance with an exercise of the power.   The terms of a trust may confer upon a trustee or other person a power to direct the modification or termination of the trust.   If a person holds a power to direct pursuant to Article 12 of this chapter, that person is a trust advisor, trust protector, or both. The power holder is subject to all the provisions of Article 12, including any duties prescribed by Article 12 and any provisions that make the power holder a fiduciary. Any trustee or other person that under Article 12 is relieved of any duty or any liability, or is otherwise protected under Article 12, shall be so relieved and otherwise protected.
MS Code § 91-8-809 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 8 - Duties and Powers of Trustee|§ 91-8-809. Control and protection of trust property

 A trustee shall take reasonable steps to take control of and protect the trust property.
MS Code § 91-8-810 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 8 - Duties and Powers of Trustee|§ 91-8-810. Recordkeeping and identification of trust property

 A trustee shall keep adequate records of the administration of the trust.   A trustee shall keep trust property separate from the trustee's own property.   Except as otherwise provided in subsection (d), 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.   If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two (2) or more separate trusts.
MS Code § 91-8-811 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 8 - Duties and Powers of Trustee|§ 91-8-811. Enforcement and defense of claims

 A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.   A trustee may abandon or assign any claim that it believes is unreasonable to enforce to one or more of the beneficiaries of the trust holding the claim.
MS Code § 91-8-812 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 8 - Duties and Powers of Trustee|§ 91-8-812. 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. No successor trustee appointed after the examination of the accounts of a trustee or the waiver of the examination by the beneficiaries shall be responsible for the acts and omissions of the prior trustee.
MS Code § 91-8-815 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 8 - Duties and Powers of Trustee|§ 91-8-815. General powers of trustee

 A trustee, without authorization by the court, may exercise:    Powers conferred by the terms of the trust; and   Except as limited by the terms of the trust:    All powers over the trust property which an unmarried competent owner has over individually owned property;   Any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and   Any other powers conferred by this chapter.   The exercise of a power is subject to the fiduciary duties prescribed by this article.
MS Code § 91-8-817 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 8 - Duties and Powers of Trustee|§ 91-8-817. Distribution upon termination

 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 (30) days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection. For the purpose of determining the date a proposed distribution was sent, if exact confirmation is unavailable it can be assumed it was received five (5) days after the date of mailing.   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.   A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:    It was induced by improper conduct of the trustee; or   The beneficiary, at the time of the release, did not know of the material facts relating to the alleged breach and the trustee had actual knowledge of the facts relating to the alleged breach.
MS Code § 91-8-901 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 9 - Uniform Prudent Investor Act|§ 91-8-901. Prudent Investor Act incorporated by reference

 Title 91, Chapter 9, Article 13, the Mississippi Uniform Prudent Investor Act, is incorporated in this chapter by reference.
MS Code § 91-8-1001 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustee|§ 91-8-1001. Remedies for breach of trust

 A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.   To remedy a breach of trust that has occurred or may occur, the court may:    Compel the trustee to perform the trustee's duties;   Enjoin the trustee from committing a breach of trust;   Compel the trustee to redress a breach of trust by paying money, restoring property, or other means;   Order a trustee to account;   Appoint a special fiduciary to take possession of the trust property and administer the trust;   Suspend the trustee;   Remove the trustee as provided in Section 91-8-706;   Reduce or deny compensation to the trustee;   Subject to Section 91-8-1012, 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   Order any other appropriate relief whether provided elsewhere in this chapter, available at common law or under equity principles.
MS Code § 91-8-1002 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustee|§ 91-8-1002. Damages for breach of trust

 A trustee who commits a breach of trust is liable to the beneficiaries affected for:    The greater of:   Any measure of damages otherwise provided by law.    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   The profit the trustee made by reason of the breach; and   Except as otherwise provided in this subsection (b), if more than one (1) trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. 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.
MS Code § 91-8-1003 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustee|§ 91-8-1003. Damages in absence of breach

 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.
MS Code § 91-8-1004 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustee|§ 91-8-1004. 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.   In a nonjudicial proceeding involving the administration of a trust, the trustee may pay fees, other reasonable costs, and expenses from trust assets where all of the parties to the proceeding agree in writing.   In a mediation or arbitration proceeding involving the administration of a trust, the mediator or arbitrator may award fees, other reasonable costs, and expenses against the assets of the trust.
MS Code § 91-8-1006 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustee|§ 91-8-1006. Reliance on trust instrument

 A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.
MS Code § 91-8-1007 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustee|§ 91-8-1007. Event affecting administration or distribution

 If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge.
MS Code § 91-8-1008 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustee|§ 91-8-1008. Exculpation of trustee

 A provision of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:    Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or   Was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.    Except for provisions intended to provide protection for carrying out a stated purpose in the trust instrument, an exculpatory provision drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the trustee proves that the exculpatory provision is fair under the circumstances and that its existence and contents were adequately communicated to the settlor.
MS Code § 91-8-1009 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustee|§ 91-8-1009. Beneficiary's consent, release, or ratification

 A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:    The consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or   At the time of the consent, release, or ratification, the beneficiary did not know of the material facts relating to the breach and the trustee had actual knowledge of the facts relating to the alleged breach.
MS Code § 91-8-1010 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustee|§ 91-8-1010. Limitation on personal liability of trustee

 Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.   Except as otherwise provided in subsection (a) or (c), the debts, obligations and liabilities incurred by a trustee by reason of the ownership, management, or control of trust property in the trustee's fiduciary capacity, shall be enforceable solely against the trust and its property, without any obligation or liability personally being borne by any trustee of the trust.   Except as otherwise limited by state law, a trustee is personally liable for torts committed in the course of administering a trust only if the trustee is personally at fault.   A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.
MS Code § 91-8-1011 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustee|§ 91-8-1011. Interest as general partner

 Except as otherwise provided in subsection (c) or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to the Uniform Partnership Act, Title 79, Chapter 13, Mississippi Code of 1972, or the Mississippi Limited Partnership Act, Title 79, Chapter 14, Mississippi Code of 1972.   Except as otherwise provided in subsection (c), a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.   The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee.   If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.
MS Code § 91-8-1012 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustee|§ 91-8-1012. Protection of person dealing with trustee

 A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without actual knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.   A person other than a beneficiary who in good faith assists a trustee or deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.   A person who in good faith delivers assets to a trustee need not ensure their proper application.   A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without actual knowledge that the trusteeship has terminated, is protected from liability as if the former trustee were still a trustee.   Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
MS Code § 91-8-1014 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 10 - Liability of Trustees and Rights of Persons Dealing with Trustee|§ 91-8-1014. Enforcement of no-contest, in terrorem or forfeiture provisions

 For the purposes of this section, "no-contest provision" includes a "no-contest provision," "in terrorem provision" or "forfeiture provision" of a trust instrument. A "no-contest provision" means a provision that, if given effect, would reduce or eliminate the interest of any beneficiary of the trust who, directly or indirectly, initiates or otherwise pursues:    Any action to contest the validity of the trust or the terms of the trust;   Any action to set aside or vary the terms of the trust;   Any action to challenge the acts of the trustee or other fiduciary of the trust in the performance of the trustee's or other fiduciary's duties as described in the terms of the trust; or   Any other act or proceedings to frustrate or defeat the settlor's intent as expressed in the terms of the trust.   Undue influence;   Mistake;   Forgery; or   Irregularity in the execution of the trust instrument.    With regard to whether the beneficiary sought, received or relied upon legal counsel, a no-contest provision shall be enforceable according to the express terms of the no-contest provision without regard to the beneficiary's good or bad faith in taking the action that would justify the complete or partial forfeiture of the beneficiary's interest in the trust under the terms of the no-contest provision unless probable cause exists for the beneficiary taking such action on the grounds of:   Fraud;   Duress;   Revocation;   Lack of testamentary capacity;   Subsection (b) shall not apply to:   Any action brought solely to challenge the acts of the trustee or other fiduciary of the trust to the extent that the trustee or other fiduciary has committed a breach of fiduciary duties or breach of trust;   Any action brought by the trustee or any other fiduciary serving under the terms of the trust, unless the trustee or other fiduciary is a beneficiary against whom the no-contest provision is otherwise enforceable;   Any agreement among the beneficiaries and any other interested persons in settlement of a dispute or resolution of any other matter relating to the trust, including, without limitation, any nonjudicial settlement agreement;   Any action to determine whether a proposed or pending motion, petition, or other proceeding constitutes a contest within the meaning of a no-contest provision;   Any action brought by a beneficiary or on behalf of any such beneficiary for a construction or interpretation of the terms of the trust; or   Any action brought by the Attorney General for a construction or interpretation of a charitable trust or a trust containing a charitable interest if a provision exists in a trust purporting to penalize a charity or charitable interest for contesting the trust if probable cause exists for instituting proceedings.   Pursuant to this section, courts shall enforce the settlor's intent as reflected in a no-contest provision to the greatest extent possible.
MS Code § 91-8-1101 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 11 - Miscellaneous Provisions|§ 91-8-1101. Uniformity of application and construction

 In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
MS Code § 91-8-1102 (2020)
2020 Mississippi Code|Title 91 - Trusts and Estates|Chapter 8 - Mississippi Uniform Trust Code|Article 11 - Miscellaneous Provisions|§ 91-8-1102. Electronic records and signatures

 The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act (15 USC Section 7002) and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.