75A-8-107. Other transfer by fiduciary.
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Effective 9/1/2024
75A-8-107. Other transfer by fiduciary.
(1)Subject to Subsection (3), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor under Section 75A-8-110 , in the absence of a will or under a will or trust that does not contain an authorization to do so.
(2)Subject to Subsection (3), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to Section 75A-8-110 .
(3)A transfer under Subsection 75A-8-110
(1)or
(2)may be made only if:
(a)the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor;
(b)the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, as defined in Section 75-1-201 ; and
(c)the transfer is authorized by the court, if it exceeds $10,000 in value.
Renumbered and Amended by Chapter 364 , 2024 General Session