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MO HB230

Bill

Status

Introduced

1/19/2011

Primary Sponsor

Michael Corcoran

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Allows husband and wife who own property as tenants by the entireties to transfer it to a trust while both are settlors, and the property retains tenancy by the entireties status during administration by the trustee.

  • Permits a trust protector to be designated in a trust instrument with powers to remove/appoint trustees, modify trust terms for tax purposes, amend distribution provisions, and change applicable law governing the trust.

  • Limits trust protector liability by providing that a trust protector is not a fiduciary and cannot be held liable for acts or omissions unless motivated by actual intent to harm or self-dealing for personal gain.

  • Allows a trust protector to recover reasonable costs, expenses, and attorney's fees for defending against claims arising from actions taken in that capacity, unless a final court decision establishes bad faith conduct.

  • Permits husband and wife to jointly devise an estate held by entirety with a remainder over after the surviving spouse's life enjoyment, without disrupting the joint tenancy during both spouses' lifetimes.

Legislative Description

Changes the laws regarding the Missouri Uniform Trust Code

Last Action

Referred: Judiciary (H)

4/12/2011

Committee Referrals

Judiciary4/12/2011

Full Bill Text

No bill text available