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DE SB155
Bill
Status
2/25/2014
Primary Sponsor
Bryan Townsend
Click for details
AI Summary
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Amends Delaware's Qualified Dispositions in Trust Act to clarify that a transferor cannot serve as trustee of a trust to maintain qualified disposition status, though they may serve as an investment adviser under specific conditions.
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Permits transfers to trusts to qualify as "qualified dispositions" even when the transferor retains a limited lifetime power of appointment or a lifetime general power of appointment restricted to reimbursing the transferor for income taxes attributable to trust income.
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Clarifies that a transferor's right to remove and replace trustees and advisers includes the right to appoint additional trustees and advisers.
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Corrects cross-references to align with Treasury Regulations regarding qualified personal residence trusts and grantor-retained annuity trusts as permissible qualified dispositions.
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Revises Section 3592 to ensure that incomplete disposition of trust assets does not prevent a transfer from qualifying as a qualified disposition under Delaware asset protection trust law.
Legislative Description
An Act To Amend Title 12 Of The Delaware Code Relating To Fiduciary Relations
Last Action
Signed by Governor
2/25/2014