700.7108 Principal place of administration.

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Sec. 7108.

(1)Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if any of the following apply:

(a)A trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction.

(b)A trust director's principal place of business is located in, or a trust director is a resident of, the designated jurisdiction.

(c)All or part of the administration occurs in the designated jurisdiction.

(2)A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration, and the interests of the qualified trust beneficiaries.

(3)Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection (2), may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States.

(4)The trustee shall notify the qualified trust beneficiaries in writing of a proposed transfer of a trust's principal place of administration not less than 63 days before initiating the transfer. The notice of proposed transfer must include all of the following:

(a)The name of the jurisdiction to which the principal place of administration is to be transferred.

(b)The address and telephone number at the new location at which the trustee can be contacted.

(c)An explanation of the reasons for the proposed transfer.

(d)The date on which the proposed transfer is anticipated to occur.

(e)In a conspicuous manner, the date, not less than 63 days after the giving of the notice, by which a qualified trust beneficiary must notify the trustee in writing of an objection to the proposed transfer.

(5)The authority of a trustee under this section to transfer a trust's principal place of administration without the approval of the court terminates if a qualified trust beneficiary notifies the trustee in writing of an objection to the proposed transfer on or before the date specified in the notice.

(6)In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed under section 7704.

(7)The view of an adult beneficiary must be given weight in determining the suitability of the trustee and the place of administration.

History: Add. 2009, Act 46 , Eff. Apr. 1, 2010 ;-- Am. 2018, Act 664 , Eff. Mar. 29, 2019

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