58-5118. Removal or replacement of authorized fiduciary; restrictions.
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/ks/chapter-58/58-5118A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
58-5118. Removal or replacement of authorized fiduciary; restrictions. An authorized fiduciary shall not exercise the decanting power to modify a provision in a first-trust instrument granting another person power to remove or replace the fiduciary unless the:
(a)Person holding the power consents to the modification in a signed record and the modification applies only to the person;
(b)person holding the power and the qualified beneficiaries of the second trust consent to the modification in a signed record and the modification grants a substantially similar power to another person; or
(c)court approves the modification and the modification grants a substantially similar power to another person.