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DE HB72
Bill
Status
6/19/2019
Primary Sponsor
William Bush
Click for details
AI Summary
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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
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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
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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
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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
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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