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DE HB72

Bill

Status

Passed

6/19/2019

Primary Sponsor

William Bush

Click for details

Origin

House of Representatives

150th General Assembly

AI Summary

  • Expands trustee powers to appoint agents and delegate investment, management, or other fiduciary duties, with the trustee remaining liable only for selecting, paying, and overseeing the agent rather than the agent's conduct

  • Adds new § 3343 allowing those with power to appoint successor trustees to also appoint multiple trustees and allocate specific powers exclusively among them, with each trustee liable only for their allocated duties

  • Creates new § 3344 permitting trustees (other than the trustor or related parties) to reimburse trustors for federal or state income tax liability attributable to grantor trust income, without making the trustor a trust beneficiary

  • Clarifies that a trustor is not considered a beneficiary for creditor access purposes merely because the trustee may reimburse the trustor for income taxes or because the trustor has a beneficial interest contingent on surviving a spouse

  • Modifies powers of appointment rules to allow donees of nongeneral powers to create both general and nongeneral powers of appointment in objects of the power, and to create nongeneral powers in non-objects who can appoint among original power objects

Legislative Description

An Act To Amend Titles 12 And 25 Of The Delaware Code Relating To Decedents Estates And Fiduciary Relations And Property.

Last Action

Signed by Governor

6/19/2019

Committee Referrals

Banking, Business & Insurance3/19/2019
Economic Development/Banking/Insurance & Commerce3/8/2019

Full Bill Text

No bill text available