reglab/housing_qa huggingface dataset:
NH Rev Stat § 564-B:5-505B (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:5-505B - Coordination with Qualified Dispositions in Trusts.

    564-B:5-505B Coordination with Qualified Dispositions in Trusts. –||(a) On the effective date of RSA 564-B:5-505A, RSA 564-B:5-505A shall apply to:||(1) Any transfer that:||(A) Was made before the effective date of RSA 564-B:5-505A; and||(B) Qualified as a qualified disposition within the meaning of RSA 564-D:1, VII, as in effect immediately before the effective date of RSA 564-B:5-505A; and||(2) Any trust into which, before the effective date of RSA 564-B:5-505A, there was a transfer described in subsection (a)(1).||(b) Except as otherwise permitted under RSA 564-B:5-505A, a creditor or assignee of a settlor may not avoid a transfer described in subsection (a)(1) if the creditor or assignee could not have avoided the transfer under RSA 564-D as in effect immediately before the effective date of RSA 564-B:5-505A.||(c) Except as otherwise permitted under RSA 564-B:5-505A, a creditor or assignee of a settlor may not reach any property of a trust described in subsection (a)(2) if the creditor or assignee could not have reached the property under RSA 564-D as in effect immediately before the effective date of RSA 564-B:5-505A.|||Source. 2017, 257:21, eff. Sept. 16, 2017.|
NH Rev Stat § 564-B:5-506 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:5-506 - Overdue Distribution.

    564-B:5-506 Overdue Distribution. –||(a) In this section, "mandatory distribution" means a distribution of income or principal that 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 excludes a distribution subject to the exercise of the trustee's discretion regardless of whether the terms of the trust (i) include a support or other standard to guide the trustee in making distribution decisions or (ii) provide that the trustee "may" or "shall" make discretionary distributions, including distributions pursuant to a support or other standard.||(b) 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 designated distribution date.|||Source. 2004, 130:1. 2005, 270:16, eff. Sept. 20, 2005.|
NH Rev Stat § 564-B:5-507 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:5-507 - Personal Obligations of Trustee.

    564-B: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.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:5-508 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:5-508 - Disposition of Claims Against the Settlor.

    564-B:5-508 Disposition of Claims Against the Settlor. –||(a) Upon the death of a settlor of a trust, a trustee may dispose of a known claim against the settlor if the trustee sends to the claimant a notice described in subsection (c). For purposes of this section, a "known claim" is an actual or potential claim of which the trustee has knowledge, but excludes a contingent liability or a claim based on an event occurring after the date of the settlor's death.||(b) Upon the death of a settlor of a trust, a trustee may dispose of any unknown claims against the settlor if the trustee publishes a notice described in subsection (c). The notice shall be published once in a newspaper of general circulation in the county in which, at the time of his or her death, the settlor was domiciled. For purposes of this section, an unknown claim is a claim that is not a known claim, but excludes a contingent liability or a claim based on an event occurring after the date of the settlor's death.||(c) For purposes of subsections (a) and (b), the notice shall contain the following information and statements:||(1) The notice shall state that the settlor has died. The notice shall provide the trustee's name and mailing address, and the notice shall provide the settlor's name, the settlor's place of domicile at the time of his or her death, and the settlor's date of death.||(2) In the case of a notice under subsection (a), the notice shall state that any claim against the settlor will be barred unless a proceeding to enforce the claim is commenced within one year after the date on which the trustee sent the notice.||(3) In the case of a notice under subsection (b), the notice shall state that any claim against the settlor will be barred unless a proceeding to enforce the claim is commenced within one year after the publication date of the notice.||(d) If a trustee sends a notice in accordance with subsection (a), then a known claim against the settlor shall be barred unless the claimant commences a proceeding to enforce the claim within one year after the date on which the trustee sent the notice. If a trustee publishes a notice in accordance with subsection (b), then an unknown claim against the settlor shall be barred unless the claimant commences a proceeding to enforce the claim within one year after the publication date of the notice. The trustee and a claimant may agree to toll the limitation period under this subsection.||(e) To the extent that the trustee acts in good faith, the trustee is not liable to any person for exercising the discretion to dispose of claims under this section or not exercising that discretion.||(f) This section shall not bar any claim that the director of charitable trusts or the department of health and human services has the authority to enforce.|||Source. 2014, 195:21, eff. July 1, 2014.|
NH Rev Stat § 564-B:5-510 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:5-510 - Limitation on Personal Liability of Beneficiaries.

    564-B:5-510 Limitation on Personal Liability of Beneficiaries. –||(a) A beneficiary is not personally liable on a contract into which a trustee, trust advisor, or trust protector properly enters in the course of administering the trust, unless the beneficiary expressly agrees to be personally liable on that contract.||(b) A beneficiary is not personally liable for torts committed by a trustee, trust advisor, or trust protector in the course of administering the trust, unless the beneficiary is personally at fault.||(c) A beneficiary is not personally liable for claims or obligations arising from the ownership or control of trust property by a trustee, trust advisor, or trust protector, unless the beneficiary is personally at fault. Claims arising from the ownership or control of trust property include liability for any violation of environmental law.||(d) This section does not apply to a revocable trust to the extent that the beneficiary is the settlor of that trust.||(e) This section does not limit or otherwise affect a beneficiary's liability to return a distribution under the terms of the trust, the beneficiary's agreement with a trustee, or RSA 564-B:4-406(f), RSA 564-B:8-812, RSA 564-B:8-817(d), or any other provision of this chapter.|||Source. 2014, 195:21, eff. July 1, 2014.|
NH Rev Stat § 564-B:5-511 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:5-511 - Limitation on Personal Liability of Settlors.

    564-B:5-511 Limitation on Personal Liability of Settlors. –||(a) A settlor of an irrevocable trust is not personally liable on a contract into which a trustee, trust advisor, or trust protector properly enters in the course of administering the trust, unless the settlor expressly agrees to be personally liable on that contract.||(b) A settlor of an irrevocable trust is not personally liable for torts committed by a trustee, trust advisor, or trust protector in the course of administering the trust, unless the settlor is personally at fault.||(c) A settlor of an irrevocable trust is not personally liable for claims or obligations arising from the ownership or control of trust property by a trustee, trust advisor, or trust protector, unless the settlor is personally at fault. Claims arising from the ownership or control of trust property include liability for any violation of environmental law.||(d) This section does not limit or otherwise affect:||(1) A settlor's obligations under an agreement with a trustee, trust advisor, or trust protector;||(2) The rights of a settlor's creditor under this chapter; or||(3) The application of RSA 564-B:4-406(f), RSA 564-B:8-812, RSA 564-B:8-817(d), or any other provision of this chapter.|||Source. 2019, 230:4, eff. Sept. 10, 2019.|
NH Rev Stat § 564-B:6-601 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:6-601 - Capacity of Settlor of Revocable Trust.

    564-B: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.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:6-603 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:6-603 - Settlor's Powers; Powers of Withdrawal.

    564-B:6-603 Settlor's Powers;  Powers of Withdrawal. –||(a) 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.||(b) 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.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:6-604 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:6-604 - Limitation on Action Contesting Validity of Revocable Trust; Distribution of Trust Property.

    564-B:6-604 Limitation on Action Contesting Validity of Revocable Trust;  Distribution of Trust Property. –||If a trust was revocable at the settlor's death, then a person may commence a judicial proceeding to contest the validity of that trust in accordance with RSA 564-B:4-406, and the trustee may proceed to distribute the trust property in accordance with RSA 564-B:4-406.|||Source. 2004, 130:1, eff. Oct. 1, 2004. 2014, 195:22, eff. July 1, 2014.|
NH Rev Stat § 564-B:7-701 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:7-701 - Accepting or Declining Trusteeship.

    564-B:7-701 Accepting or Declining Trusteeship. –||(a) Except as otherwise provided in subsection (c), 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.||(b) A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have rejected the trusteeship.||(c) 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 rejection 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.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:7-702 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:7-702 - Trustee's Bond.

    564-B:7-702 Trustee's Bond. –||(a) 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.||(b) 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.||(c) The following entities need not give bond, even if required by the terms of the trust:||(1) Any trust company, bank, or savings association incorporated under the laws of this state, or any national bank or federally chartered savings association duly authorized and located within this state; and||(2) Any bank as defined in RSA 383-A:2-201(a)(3), if that bank is permitted to conduct a trust business, as defined in RSA 383-A:2-201(a)(51), in this state.|||Source. 2004, 130:1, eff. Oct. 1, 2004. 2015, 272:50, eff. Oct. 1, 2015.|
NH Rev Stat § 564-B:7-703 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:7-703 - Cotrustees.

    564-B:7-703 Cotrustees. –||(a) Cotrustees who are unable to reach a unanimous decision may act by majority decision.||(b) If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.||(c) 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.||(d) 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.||(e) A trustee may not delegate to a cotrustee the performance of a function the settlor reasonably expected the trustees to perform jointly. Unless a delegation was irrevocable, a trustee may revoke a delegation previously made.||(f) Except as otherwise provided in subsection (g), a trustee who does not join in an action of another trustee is not liable for the action.||(g) 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.||(h) 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.||(i) A trustee shall keep each cotrustee and any other fiduciary designated by the terms of the trust reasonably informed about the administration of the trust, to the extent the trustee has knowledge that the other cotrustee or other fiduciary designated by the terms of the trust does not have of the trustee's actions, or regarding other material information (or the availability of such information) related to the administration of the trust that would be reasonably necessary for the cotrustee or other fiduciary designated by the terms of the trust to perform his or her duties as a trustee or other fiduciary of the trust.|||Source. 2004, 130:1. 2006, 320:57, eff. Aug. 19, 2006.|
NH Rev Stat § 564-B:7-704 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:7-704 - Vacancy in Trusteeship; Appointment of Successor.

    564-B:7-704 Vacancy in Trusteeship;  Appointment of Successor. –||(a) A vacancy in a trusteeship occurs if:||(1) a person designated as trustee rejects the trusteeship;||(2) a person designated as trustee cannot be identified or does not exist;||(3) a trustee resigns;||(4) a trustee is disqualified or removed;||(5) a trustee dies; or||(6) a guardian of the estate or guardian of the person or conservator is appointed for an individual serving as trustee.||(b) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.||(c) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority:||(1) by a person designated in the terms of the trust to act as successor trustee;||(2) by a person appointed by unanimous agreement of the qualified beneficiaries; or||(3) by a person appointed by the court.||(d) A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority:||(1) by a person designated in the terms of the trust to act as successor trustee;||(2) by a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust if the director of charitable trusts concurs in the selection; or||(3) by a person appointed by the court.||(e) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:7-705 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:7-705 - Resignation of Trustee.

    564-B:7-705 Resignation of Trustee. –||(a) A trustee may resign:||(1) upon at least 30 days' notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or||(2) with the approval of the court.||(b) In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.||(c) Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee is not discharged or affected by the trustee's resignation.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:7-706 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:7-706 - Removal of Trustee.

    564-B:7-706 Removal of Trustee. –||(a) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.||(b) In addition to the power to remove a trustee pursuant to RSA 564:9, the court may remove a trustee if:||(1) the trustee has committed a serious breach of trust;||(2) lack of cooperation among cotrustees substantially impairs the administration of the trust;||(3) because of unfitness, unwillingness, persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or||(4) there has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.||(c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under RSA 564-B:10-1001(b) as may be necessary to protect the trust property or the interests of the beneficiaries.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:7-707 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:7-707 - Delivery of Property by Former Trustee

    564-B: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.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|
NH Rev Stat § 564-B:7-708 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:7-708 - Compensation of Trustee.

    564-B:7-708 Compensation of Trustee. –||(a) If the terms of a trust do not specify the trustee's, trust advisor's, or trust protector's compensation, each such fiduciary is entitled to compensation that is reasonable under the circumstances.||(b) If the terms of a trust specify the trustee's, trust advisor's, or trust protector's compensation, each such fiduciary is entitled to be compensated as specified, but the court may allow more or less compensation if:||(1) the duties of the trustee, trust advisor, or trust protector are substantially different from those contemplated when the trust was created; or||(2) the compensation specified by the terms of the trust would be unreasonably low or high.|||Source. 2004, 130:1. 2006, 320:58, eff. Aug. 19, 2006.|
NH Rev Stat § 564-B:7-709 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:7-709 - Reimbursement of Expenses.

    564-B:7-709 Reimbursement of Expenses. –||(a) A trustee, trust advisor, or trust protector is entitled to be reimbursed out of the trust property, with interest as appropriate, for:||(1) expenses that were properly incurred in the administration of the trust; and||(2) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.||(b) An advance by the trustee, trust advisor, or trust protector of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.|||Source. 2004, 130:1. 2006, 320:59, eff. Aug. 19, 2006.|
NH Rev Stat § 564-B:7-710 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-B - New Hampshire Trust Code|Section 564-B:7-710 - Coordination with RSA 564.

    564-B:7-710 Coordination with RSA 564. –||Nothing in this article is intended to modify or limit the provisions of RSA 564 as they apply to testamentary trusts. To the extent the provisions of this article conflict with the provisions of RSA 564 as they apply to testamentary trusts, the provisions of RSA 564 shall control.|||Source. 2004, 130:1, eff. Oct. 1, 2004.|