30-4509. Court involvement.

266 words·~1 min read·/ne/chapter-30/30-4509

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)On application of an authorized fiduciary, a person entitled to notice under subsection

(c)of section 30-4507 , a beneficiary, or with respect to a charitable interest the Attorney General or other person that has standing to enforce the charitable interest, the court may:

(1)provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under the Uniform Trust Decanting Act and consistent with the fiduciary duties of the authorized fiduciary;

(2)appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under the act and to exercise the decanting power;

(3)approve an exercise of the decanting power;

(4)determine that a proposed or attempted exercise of the decanting power is ineffective because:

(A)after applying section 30-4522 , the proposed or attempted exercise does not or did not comply with the act; or

(B)the proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;

(5)determine the extent to which section 30-4522 applies to a prior exercise of the decanting power;

(6)provide instructions to the trustee regarding the application of section 30-4522 to a prior exercise of the decanting power; or

(7)order other relief to carry out the purposes of the act.

(b)On application of an authorized fiduciary, the court may approve:

(1)an increase in the fiduciary's compensation under section 30-4516 ; or

(2)a modification under section 30-4518 of a provision granting a person the right to remove or replace the fiduciary.