reglab/housing_qa huggingface dataset:
MO Rev Stat § 456.4-416 (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 456.4-416 - Modification to achieve settlor's tax objectives.

Effective - 01 Jan 2005   456.4-416. Modification to achieve settlor's tax objectives. — To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive effect. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.4-417 (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 456.4-417 - Combination and division of trusts.

Effective - 01 Jan 2005   456.4-417. Combination and division of trusts. — After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust. The terms of each new trust created by a division under this section do not have to be identical if the interest of each beneficiary is substantially the same under the terms of the trust prior to its division and the combined terms of all trusts after the division. Two or more trusts may be combined into a single trust if the interests of each beneficiary in the trust resulting from the combination are substantially the same as the combined interests of the beneficiary in the trusts prior to the combination. The trustee shall determine the terms controlling any trust after its combination as authorized by this section. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.4-418 (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 456.4-418 - Distribution of trust income or principal to qualified remainder beneficiary, when — applicability to irrevocable trust, when.

Effective - 28 Aug 2009   456.4-418. Distribution of trust income or principal to qualified remainder beneficiary, when — applicability to irrevocable trust, when. — 1. During any period of time that this section applies to an irrevocable trust, the trustee shall have the authority in its discretion to distribute trust income or principal to a qualified remainder beneficiary of the trust. For purposes of this section, a "qualified remainder beneficiary" is a descendant of a permissible distributee who will be eligible to receive distributions of trust income or principal, whether mandatory or discretionary, upon the termination of the interest of such permissible distributee or upon the termination of the trust.  2. This section shall apply to an irrevocable trust that is administered in this state if:  (1) The trustee may distribute trust income or principal to one or more permissible distributees;  (2) No distributions of trust income or principal have been made to any permissible distributee during the ten-year period preceding the notice required by subsection 5 of this section;  (3) The trustee determines that there will be sufficient assets in the trust for the trustee to meet its obligations to the permissible distributees after any distributions authorized by this section;  (4) The trustee determines that the application of this section to the trust is not inconsistent with a material purpose of the trust;  (5) The trustee determines that the application of this section to a trust that is exempt from the federal generation-skipping transfer tax will not cause the trust to become subject to such tax; and  (6) The trust became irrevocable on or before September 25, 1985.  3. After the trustee determines that this section applies to a trust, this section shall continue to apply to the trust until the first to occur of the following:  (1) The termination of the interests of all the beneficiaries who were permissible distributees on the date of the notice required by subsection 5 of this section;  (2) The termination of the trust; or  (3) The trustee determines that additional distributions under this section will impair the ability of the trustee to meet its obligation to the permissible distributees.  4. A spendthrift provision in the terms of a trust is not presumed inconsistent with the application of this section to the trust.  5. The trustee shall notify the qualified beneficiaries of the trust that the trustee has determined that this section applies to a trust not less than sixty days before distributing trust income or principal to any qualified remainder beneficiary.  6. A trustee acting in good faith shall not be liable to any beneficiary for acting or failing to act under this section. ­­-------- (L. 2009 H.B. 239)
MO Rev Stat § 456.5-501 (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 456.5-501 - Rights of beneficiary's creditor or assignee, exceptions.

Effective - 28 Aug 2007   456.5-501. Rights of beneficiary's creditor or assignee, exceptions. — Except as otherwise provided in sections 456.5-502 to 456.5-507, to the extent a beneficiary's interest is not subject to a spendthrift provision, an assignee or a judgment creditor of the beneficiary may, without court order, reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to such relief as is appropriate under the circumstances. ­­-------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892, A.L. 2007 H.B. 220)
MO Rev Stat § 456.5-502 (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 456.5-502 - Spendthrift provision.

Effective - 01 Jan 2005   456.5-502. Spendthrift provision. — 1. A spendthrift provision is valid if it restrains either the voluntary or involuntary transfer or both the voluntary and involuntary transfer of a beneficiary's interest.  2. A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust," or words of similar import, is sufficient to restrain both voluntary and involuntary transfers of the beneficiary's interest.  3. A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in sections 456.5-501 to 456.5-507, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.5-503 (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 456.5-503 - Exceptions to spendthrift provision.

Effective - 01 Jan 2005   456.5-503. Exceptions to spendthrift provision. — 1. In this section,  (1) "Child" includes any person for whom an order or judgment for child support has been entered in this or another state, and  (2) "Judgment" means a judgment which may be executed in this state.  2. Even if a trust contains a spendthrift provision, a beneficiary's child, spouse, or former spouse who has a judgment against the beneficiary for support or maintenance, or a judgment creditor who has provided services for the protection of a beneficiary's interest in the trust, may obtain from a court an order attaching present or future trust income. If there is more than one permissible distributee, the court may grant relief as is equitable under the circumstances.  3. A spendthrift provision is unenforceable against a claim of this state or the United States to the extent a statute of this state or federal law so provides. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.5-504 (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 456.5-504 - Discretionary trusts, interest not enforceable, when — applicability — effect of standard.

Effective - 28 Aug 2006   456.5-504. Discretionary trusts, interest not enforceable, when — applicability — effect of standard. — 1. A beneficiary's interest in a trust that is subject to the trustee's discretion does not constitute an interest in property or an enforceable right even if the discretion is expressed in the form of a standard of distribution or the beneficiary is then serving as a trustee or cotrustee. A creditor or other claimant may not attach present or future distributions from such an interest or right, obtain an order from a court forcing the judicial sale of the interest or compelling the trustee to make distributions, or reach the interest or right by any other means, even if the trustee has abused the trustee's discretion.  2. This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.  3. This section applies whether or not an interest is subject to a spendthrift provision.  4. For purposes of this section, a beneficiary's interest in a trust is subject to the trustee's discretion if that interest does not constitute a mandatory distribution as defined in subsection 1 of section 456.5-506. ­­-------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892)
MO Rev Stat § 456.5-506 (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 456.5-506 - Mandatory distribution defined — overdue distribution.

Effective - 28 Aug 2006   456.5-506. Mandatory distribution defined — overdue distribution. — 1. As used in this section, "mandatory distribution" means a distribution of income or principal which the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. The term does not include a distribution subject to the exercise of the trustee's discretion even if (1) the discretion is expressed in the form of a standard of distribution, or (2) the terms of the trust authorizing a distribution couple language of discretion with language of direction.  2. Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the required distribution date. ­­-------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892)
MO Rev Stat § 456.5-507 (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 456.5-507 - Personal obligations of trustee.

Effective - 01 Jan 2005   456.5-507. Personal obligations of trustee. — Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.5-508 (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 456.5-508 - Creditor claim, appointive property not subject to, when.

Effective - 28 Aug 2016, 2 histories   456.5-508. Creditor claim, appointive property not subject to, when. — 1. Except as provided in sections 456.970 to 456.1135:  (1) Appointive property subject to a general power of appointment exercisable only at the powerholder's death is not subject to the claim of a creditor;  (2) Appointive property subject to a nongeneral power of appointment is not subject to the claim of a creditor.  2. This section shall not limit the ability of a creditor or other claimant to reach a beneficial interest as otherwise provided in sections 456.5-501 to 456.5-507.  3. As used in this section, the terms "appointive property", "general power of appointment", "nongeneral power of appointment", and "claim of a creditor" shall have the same meaning as defined in section 456.975. ­­-------- (L. 2011 S.B. 59, A.L. 2016 H.B. 1765)
MO Rev Stat § 456.6-601 (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 456.6-601 - Capacity of settlor of revocable trust.

Effective - 01 Jan 2005   456.6-601. Capacity of settlor of revocable trust. — The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.6-602 (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 456.6-602 - Revocation or amendment of revocable trust.

Effective - 01 Jan 2005   456.6-602. Revocation or amendment of revocable trust. — 1. Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before January 1, 2005.  2. If a revocable trust is created or funded by more than one settlor:  (1) to the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses; and  (2) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution.  3. The settlor may revoke or amend a revocable trust:  (1) if the terms of the trust provide a method of amendment or revocation, by substantially complying with any method provided in the terms of the trust; or  (2) if the terms of the trust do not provide a method, by any other method manifesting clear and convincing evidence of the settlor's intent, including the terms of a later duly probated will or codicil that identify the trust being revoked or the trust terms being amended.  4. Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.  5. A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust or the power.  6. A conservator of the settlor or, if no conservator has been appointed, a conservator ad litem of the settlor may exercise a settlor's powers with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the conservator or the conservator ad litem.  7. A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.6-603 (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 456.6-603 - Settlor's powers — powers of withdrawal.

Effective - 01 Jan 2005   456.6-603. Settlor's powers — powers of withdrawal. — 1. While a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.  2. A settlor is presumed to have capacity for the purposes of subsection 1 of this section until either the settlor is adjudicated totally incapacitated or disabled or the trustee has received an affidavit of incapacity.  3. If a revocable trust has more than one settlor, the duties of the trustee are owed to all of the settlors having capacity to revoke the trust.  4. During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.  5. In this section, an "affidavit of incapacity" means a written certificate furnished by at least one licensed medical doctor that states that the settlor lacks capacity to revoke the trust. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.6-604 (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 456.6-604 - Limitation on action contesting validity of revocable trust — distribution of trust property.

Effective - 01 Jan 2005   456.6-604. Limitation on action contesting validity of revocable trust — distribution of trust property. — 1. A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earliest of:  (1) two years after the settlor's death;  (2) six months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding; or  (3) in the case of a trust that was revocable at the settlor's death that is entitled to a distribution under the settlor's will, on the date that any contest of that will is barred under the provisions of section 473.083, provided that a copy of the trust instrument was filed with the probate division within ninety days of the first publication of notice of granting of letters on the estate of the decedent under section 473.033.  2. For purposes of subdivision (2) of subsection 1 of this section, the trustee may provide the documentation and information set forth in that subsection to:  (1) all persons who would be entitled to notice of granting of letters on the estate of the decedent under section 473.033; and  (2) all persons whose interests are, in the opinion of the trustee, adversely affected by the terms of the trust.  3. Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:  (1) the trustee knows of a pending judicial proceeding contesting the validity of the trust; or  (2) a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within sixty days after the contestant sent the notification.  4. A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.7-701 (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 456.7-701 - Accepting of declining trusteeship.

Effective - 01 Jan 2005   456.7-701. Accepting of declining trusteeship. — 1. Except as otherwise provided in subsection 3 of this section, a person designated as trustee accepts the trusteeship:  (1) by substantially complying with a method of acceptance provided in the terms of the trust; or  (2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.  2. A person designated as trustee who has not yet accepted the trusteeship may decline the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have declined the trusteeship.  3. A person designated as trustee, without accepting the trusteeship, may:  (1) act to preserve the trust property if, within a reasonable time after acting, the person sends a declination of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary; and  (2) inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.7-702 (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 456.7-702 - Trustee's bond.

Effective - 01 Jan 2005   456.7-702. Trustee's bond. — 1. A trustee shall give bond to secure performance of the trustee's duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement.  2. The court may specify the amount of a bond, its liabilities, and whether sureties are necessary. The court may modify or terminate a bond at any time. ­­-------- (L. 2004 H.B. 1511)  Effective 1-01-05
MO Rev Stat § 456.7-703 (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 456.7-703 - Cotrustees.

Effective - 28 Aug 2006   456.7-703. Cotrustees. — 1. Cotrustees shall act by majority decision.  2. If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.  3. A cotrustee must participate in the performance of a trustee's function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law, or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another trustee.  4. If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.  5. A trustee may delegate to a cotrustee the performance of a function in accordance with subsection 1 of section 456.8-807. Unless a delegation was irrevocable, a trustee may revoke a delegation previously made.  6. Except as otherwise provided in subsection 7 of this section, a trustee who does not join in an action of another trustee is not liable for the action.  7. Each trustee shall exercise reasonable care to:  (1) prevent a cotrustee from committing a serious breach of trust; and  (2) compel a cotrustee to redress a serious breach of trust.  8. A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust. ­­-------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892)