reglab/housing_qa huggingface dataset:
CA Prob Code § 15680 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 3 - TRUSTEES AND BENEFICIARIES|CHAPTER 1 - Trustees|ARTICLE 5 - Compensation and Indemnification of Trustees|Section 15680.

15680.  (a) Subject to subdivision (b), and except as provided in Section 15688, if the trust instrument provides for the trustee’s compensation, the trustee is entitled to be compensated in accordance with the trust instrument.(b) Upon proper showing, the court may fix or allow greater or lesser compensation than could be allowed under the terms of the trust in any of the following circumstances:(1) Where the duties of the trustee are substantially different from those contemplated when the trust was created.(2) Where the compensation in accordance with the terms of the trust would be inequitable or unreasonably low or high.(3) In extraordinary circumstances calling for equitable relief.(c) An order fixing or allowing greater or lesser compensation under subdivision (b) applies only prospectively to actions taken in administration of the trust after the order is made.(Amended by Stats. 2008, Ch. 237, Sec. 6. Effective January 1, 2009.)
CA Prob Code § 15681 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 3 - TRUSTEES AND BENEFICIARIES|CHAPTER 1 - Trustees|ARTICLE 5 - Compensation and Indemnification of Trustees|Section 15681.

15681.  If the trust instrument does not specify the trustee’s compensation, the trustee is entitled to reasonable compensation under the circumstances.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15682 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 3 - TRUSTEES AND BENEFICIARIES|CHAPTER 1 - Trustees|ARTICLE 5 - Compensation and Indemnification of Trustees|Section 15682.

15682.  The court may fix an amount of periodic compensation under Sections 15680 and 15681 to continue for as long as the court determines is proper.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15683 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 3 - TRUSTEES AND BENEFICIARIES|CHAPTER 1 - Trustees|ARTICLE 5 - Compensation and Indemnification of Trustees|Section 15683.

15683.  Unless the trust instrument otherwise provides or the trustees otherwise agree, if the trust has two or more trustees, the compensation shall be apportioned among the cotrustees according to the services rendered by them.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15684 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 3 - TRUSTEES AND BENEFICIARIES|CHAPTER 1 - Trustees|ARTICLE 5 - Compensation and Indemnification of Trustees|Section 15684.

15684.  A trustee is entitled to the repayment out of the trust property for the following:(a) Expenditures that were properly incurred in the administration of the trust.(b) To the extent that they benefited the trust, expenditures that were not properly incurred in the administration of the trust.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15685 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 3 - TRUSTEES AND BENEFICIARIES|CHAPTER 1 - Trustees|ARTICLE 5 - Compensation and Indemnification of Trustees|Section 15685.

15685.  The trustee has an equitable lien on the trust property as against the beneficiary in the amount of advances, with any interest, made for the protection of the trust, and for expenses, losses, and liabilities sustained in the administration of the trust or because of ownership or control of any trust property.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15686 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 3 - TRUSTEES AND BENEFICIARIES|CHAPTER 1 - Trustees|ARTICLE 5 - Compensation and Indemnification of Trustees|Section 15686.

15686.  (a) As used in this section, “trustee’s fee” includes, but is not limited to, the trustee’s periodic base fee, rate of percentage compensation, minimum fee, hourly rate, and transaction charge, but does not include fees for extraordinary services.(b) A trustee shall not charge an increased trustee’s fee for administration of a particular trust unless the trustee first gives at least 60 days’ written notice of that increased fee to all of the following persons:(1) Each beneficiary who is entitled to an account under Section 16062.(2) Each beneficiary who was given the last preceding account.(3) Each beneficiary who has made a written request to the trustee for notice of an increased trustee’s fee and has given an address for receiving notice.(c) If a beneficiary files a petition under Section 17200 for review of the increased trustee’s fee or for removal of the trustee and serves a copy of the petition on the trustee before the expiration of the 60-day period, the increased trustee’s fee does not take effect as to that trust until otherwise ordered by the court or the petition is dismissed.(Amended by Stats. 2017, Ch. 319, Sec. 86. (AB 976) Effective January 1, 2018.)
CA Prob Code § 15687 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 3 - TRUSTEES AND BENEFICIARIES|CHAPTER 1 - Trustees|ARTICLE 5 - Compensation and Indemnification of Trustees|Section 15687.

15687.  (a) Notwithstanding any provision of a trust to the contrary, a trustee who is an attorney may receive only (1) the trustee’s compensation provided in the trust or otherwise provided in this article or (2) compensation for legal services performed for the trustee, unless the trustee obtains approval for the right to dual compensation as provided in subdivision (d).(b) No parent, child, sibling, or spouse of a person who is a trustee, and no law partnership or corporation whose partner, shareholder, or employee is serving as a trustee shall receive any compensation for legal services performed for the trustee unless the trustee waives trustee compensation or unless the trustee obtains approval for the right to dual compensation as provided in subdivision (d).(c) This section shall not apply if the trustee is related by blood or marriage to, or is a cohabitant with, the settlor.(d) After full disclosure of the nature of the compensation and relationship of the trustee to all persons receiving compensation under this section, the trustee may obtain approval for dual compensation by either of the following:(1) An order pursuant to paragraph (21) of subdivision (b) of Section 17200.(2) Giving 30 days’ advance written notice to the persons entitled to notice under Section 17203. Within that 30-day period, any person entitled to notice may object to the proposed action by written notice to the trustee or by filing a petition pursuant to paragraph (21) of subdivision (b) of Section 17200. If the trustee receives this objection during that 30-day period and if the trustee wishes dual compensation, the trustee shall file a petition for approval pursuant to paragraph (21) of subdivision (b) of Section 17200.(e) Any waiver of the requirements of this section is against public policy and shall be void.(f) This section applies to services rendered on or after January 1, 1994.(Amended by Stats. 1995, Ch. 730, Sec. 10. Effective January 1, 1996.)
CA Prob Code § 15688 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 3 - TRUSTEES AND BENEFICIARIES|CHAPTER 1 - Trustees|ARTICLE 5 - Compensation and Indemnification of Trustees|Section 15688.

15688.  Notwithstanding any other provision of this article and the terms of the trust, a public guardian or public administrator who is appointed as a trustee of a trust pursuant to Section 15660.5 shall be paid from the trust property for all of the following:(a) Reasonable expenses incurred in the administration of the trust.(b) Compensation for services of the public guardian or public administrator and the attorney of the public guardian or public administrator, as follows:(1) If the public guardian or public administrator is appointed as trustee of a trust that provides for the outright distribution of the entire trust estate, compensation for the public guardian or public administrator, and any attorney for the public guardian or public administrator, shall be calculated as that provided to a personal representative and attorney pursuant to Part 7 (commencing with Section 10800) of Division 7, based on the fair market value of the assets as of the date of the appointment, provided that the minimum amount of compensation for the public guardian or the public administrator shall be one thousand dollars ($1,000). Additionally, the minimum amount of compensation for the attorney for the public guardian or the public administrator, if any, shall be one thousand dollars ($1,000).(2) For a trust other than that described in paragraph (1), the public guardian or public administrator shall be compensated as provided in Section 15680. Compensation shall be consistent with compensation allowed for professional fiduciaries or corporate fiduciaries providing comparable services.(3) Except as provided in paragraph (1), reasonable compensation for the attorney for the public guardian or public administrator.(c) An annual bond fee in the amount of twenty-five dollars ($25) plus one-fourth of 1 percent of the amount of the trust assets greater than ten thousand dollars ($10,000). The amount charged shall be deposited in the county treasury.(Amended by Stats. 2008, Ch. 237, Sec. 7. Effective January 1, 2009.)
CA Prob Code § 16000 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 1 - Trustee s Duties in General|Section 16000.

16000.  On acceptance of the trust, the trustee has a duty to administer the trust according to the trust instrument and, except to the extent the trust instrument provides otherwise, according to this division.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 16001 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 1 - Trustee s Duties in General|Section 16001.

16001.  (a) Except as provided in subdivision (b), the trustee of a revocable trust shall follow any written direction acceptable to the trustee given from time to time (1) by the person then having the power to revoke the trust or the part thereof with respect to which the direction is given or (2) by the person to whom the settlor delegates the right to direct the trustee.(b) If a written direction given under subdivision (a) would have the effect of modifying the trust, the trustee has no duty to follow the direction unless it complies with the requirements for modifying the trust.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 16002 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 1 - Trustee s Duties in General|Section 16002.

16002.  (a) The trustee has a duty to administer the trust solely in the interest of the beneficiaries.(b) It is not a violation of the duty provided in subdivision (a) for a trustee who administers two trusts to sell, exchange, or participate in the sale or exchange of trust property between the trusts, if both of the following requirements are met:(1) The sale or exchange is fair and reasonable with respect to the beneficiaries of both trusts.(2) The trustee gives to the beneficiaries of both trusts notice of all material facts related to the sale or exchange that the trustee knows or should know.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 16003 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 1 - Trustee s Duties in General|Section 16003.

16003.  If a trust has two or more beneficiaries, the trustee has a duty to deal impartially with them and shall act impartially in investing and managing the trust property, taking into account any differing interests of the beneficiaries.(Amended by Stats. 1995, Ch. 63, Sec. 1. Effective January 1, 1996.)
CA Prob Code § 16004 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 1 - Trustee s Duties in General|Section 16004.

16004.  (a) The trustee has a duty not to use or deal with trust property for the trustee’s own profit or for any other purpose unconnected with the trust, nor to take part in any transaction in which the trustee has an interest adverse to the beneficiary.(b) The trustee may not enforce any claim against the trust property that the trustee purchased after or in contemplation of appointment as trustee, but the court may allow the trustee to be reimbursed from trust property the amount that the trustee paid in good faith for the claim.(c) A transaction between the trustee and a beneficiary which occurs during the existence of the trust or while the trustee’s influence with the beneficiary remains and by which the trustee obtains an advantage from the beneficiary is presumed to be a violation of the trustee’s fiduciary duties. This presumption is a presumption affecting the burden of proof. This subdivision does not apply to the provisions of an agreement between a trustee and a beneficiary relating to the hiring or compensation of the trustee.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 16004.5 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 1 - Trustee s Duties in General|Section 16004.5.

16004.5.  (a) A trustee may not require a beneficiary to relieve the trustee of liability as a condition for making a distribution or payment to, or for the benefit of, the beneficiary, if the distribution or payment is required by the trust instrument.(b) This section may not be construed as affecting the trustee’s right to:(1) Maintain a reserve for reasonably anticipated expenses, including, but not limited to, taxes, debts, trustee and accounting fees, and costs and expenses of administration.(2) Seek a voluntary release or discharge of a trustee’s liability from the beneficiary.(3) Require indemnification against a claim by a person or entity, other than a beneficiary referred to in subdivision (a), which may reasonably arise as a result of the distribution.(4) Withhold any portion of an otherwise required distribution that is reasonably in dispute.(5) Seek court or beneficiary approval of an accounting of trust activities.(Added by Stats. 2003, Ch. 585, Sec. 1. Effective January 1, 2004.)
CA Prob Code § 16005 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 1 - Trustee s Duties in General|Section 16005.

16005.  The trustee of one trust has a duty not to knowingly become a trustee of another trust adverse in its nature to the interest of the beneficiary of the first trust, and a duty to eliminate the conflict or resign as trustee when the conflict is discovered.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 16006 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 1 - Trustee s Duties in General|Section 16006.

16006.  The trustee has a duty to take reasonable steps under the circumstances to take and keep control of and to preserve the trust property.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 16007 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 1 - Trustee s Duties in General|Section 16007.

16007.  The trustee has a duty to make the trust property productive under the circumstances and in furtherance of the purposes of the trust.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 16009 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 1 - Trustee s Duties in General|Section 16009.

16009.  The trustee has a duty to do the following:(a) To keep the trust property separate from other property not subject to the trust.(b) To see that the trust property is designated as property of the trust.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 16010 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 1 - Trustee s Duties in General|Section 16010.

16010.  The trustee has a duty to take reasonable steps to enforce claims that are part of the trust property.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 16011 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 1 - Trustee s Duties in General|Section 16011.

16011.  The trustee has a duty to take reasonable steps to defend actions that may result in a loss to the trust.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 16012 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 1 - Trustee s Duties in General|Section 16012.

16012.  (a) The trustee has a duty not to delegate to others the performance of acts that the trustee can reasonably be required personally to perform and may not transfer the office of trustee to another person nor delegate the entire administration of the trust to a cotrustee or other person.(b) In a case where a trustee has properly delegated a matter to an agent, cotrustee, or other person, the trustee has a duty to exercise general supervision over the person performing the delegated matter.(c) This section does not apply to investment and management functions under Section 16052.(Amended by Stats. 1995, Ch. 63, Sec. 3. Effective January 1, 1996.)
CA Prob Code § 16013 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 1 - Trustee s Duties in General|Section 16013.

16013.  If a trust has more than one trustee, each trustee has a duty to do the following:(a) To participate in the administration of the trust.(b) To take reasonable steps to prevent a cotrustee from committing a breach of trust or to compel a cotrustee to redress a breach of trust.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 16014 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 1 - Trustee s Duties in General|Section 16014.

16014.  (a) The trustee has a duty to apply the full extent of the trustee’s skills.(b) If the settlor, in selecting the trustee, has relied on the trustee’s representation of having special skills, the trustee is held to the standard of the skills represented.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 16015 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 1 - Trustee s Duties in General|Section 16015.

16015.  The provision of services for compensation by a regulated financial institution or its affiliates in the ordinary course of business either to a trust of which it also acts as trustee or to a person dealing with the trust is not a violation of the duty provided in Section 16002 or 16004. For the purposes of this section, “affiliate” means a corporation that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with another domestic or foreign corporation.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 16040 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 2 - Trustee s Standard of Care|Section 16040.

16040.  (a) The trustee shall administer the trust with reasonable care, skill, and caution under the circumstances then prevailing that a prudent person acting in a like capacity would use in the conduct of an enterprise of like character and with like aims to accomplish the purposes of the trust as determined from the trust instrument.(b) The settlor may expand or restrict the standard provided in subdivision (a) by express provisions in the trust instrument. A trustee is not liable to a beneficiary for the trustee’s good faith reliance on these express provisions.(c) This section does not apply to investment and management functions governed by the Uniform Prudent Investor Act, Article 2.5 (commencing with Section 16045).(Amended by Stats. 1995, Ch. 63, Sec. 4. Effective January 1, 1996.)
CA Prob Code § 16041 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 2 - Trustee s Standard of Care|Section 16041.

16041.  A trustee’s standard of care and performance in administering the trust is not affected by whether or not the trustee receives any compensation.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 16042 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 2 - Trustee s Standard of Care|Section 16042.

16042.  (a) Notwithstanding the requirements of this article, Article 2.5 (commencing with Section 16045), and the terms of the trust, all trust funds that come within the custody of the public guardian who is appointed as trustee of the trust pursuant to Section 15660.5 may be deposited or invested in the same manner, and would be subject to the same terms and conditions, as a deposit or investment by the public administrator of funds in the estate of a decedent pursuant to Article 3 (commencing with Section 7640) of Chapter 4 of Part 1 of Division 7.(b) Upon the deposit or investment of trust property pursuant to subdivision (a), the public guardian shall be deemed to have met the standard of care specified in this article and Article 2.5 (commencing with Section 16045) with respect to this trust property.(Added by Stats. 1997, Ch. 93, Sec. 4. Effective January 1, 1998.)
CA Prob Code § 16045 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 2.5 - Uniform Prudent Investor Act|Section 16045.

16045.  This article, together with subdivision (a) of Section 16002 and Section 16003, constitutes the prudent investor rule and may be cited as the Uniform Prudent Investor Act.(Added by Stats. 1995, Ch. 63, Sec. 6. Effective January 1, 1996.)
CA Prob Code § 16046 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 4 - TRUST ADMINISTRATION|CHAPTER 1 - Duties of Trustees|ARTICLE 2.5 - Uniform Prudent Investor Act|Section 16046.

16046.  (a) Except as provided in subdivision (b), a trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule.(b) The settlor may expand or restrict the prudent investor rule by express provisions in the trust instrument. A trustee is not liable to a beneficiary for the trustee’s good faith reliance on these express provisions.(Added by Stats. 1995, Ch. 63, Sec. 6. Effective January 1, 1996.)