Trusts and Powers of Attorney (2013 Cum Supp)

Section 3.12 To Deposit Trust Money
Section 3.92 Termination of Uneconomic Trusts
Section 8.3 Statutory Requirements to Create a Valid Durable Power of Attorney
Section 13.26 Transferring Entity Cannot Be Compelled to Accept a Beneficiary Designation
Section 3.49 Conflict Not Presumed in Certain Transactions
Section 4.19 Receipts From Derivative Transactions
Section 1.34 Generally
Section 6.64 Avoiding Dismissal
Section 3.85 Resignation of Trustee
Section 12.14 Manner of Making a Future Transfer
Section 3.52 Designation of Trustee
Section 4.23 Allocation of Disbursements During the Administration
Section 9.56 Guardianship Issues
Section 8.44 Conflict of Laws
Section 8.15 Special Powers That Must Be Enumerated
Section 4.27 Transfers From Income to Reimburse Principal
Section 3.35 To Employ and Compensate Advisors
Section 3.89 Without Consent of Settlor if Trust Becomes Irrevocable on or After January 1, 2005
Section 3.106 Minimum Standards
Section 2.48 Generally
Section 2.28 Resignation
Section 6.1 The “Why”
Section 13.98 Registration in Beneficiary Form: Motor Vehicles and Watercraft—Transfer on Death Certificates of Title
Section 6.53 Equity
Section 6.57 Tortious Interference
Section 13.91 Stock Certificate of a Close Corporation Issued in Beneficiary Form
Section 1.40 Generally
Section 12.33 Actions Relating to Administration of Custodianship
Section 13.54 Designation of Children by Class and Not by Name
Section 13.58 Disqualification for Fraud, Duress, Undue Influence, or Causing the Owner’s Death
Section 1.5 Settlor
Section 3.64 Generally
Section 3.94 Modification to Achieve Settlor’s Tax Objectives
Section 6.23 For “Internal Affairs” Read “Administration”
Section 12.24 Record Keeping, Accounting, and Limitations
Section 6.63 Indispensable Parties
Section 7.10 General Rules
Section 12.36 Uniform Custodial Trust Act
Section 9.22 Under Durable Power of Attorney Law
Section 6.33 Trust Revocable at Settlor’s Death
Section 9.16 Periodic Review of Incapacitation
Section 13.87 Beneficiary Transfer Instrument in the Form of a “Beneficiary Deed of Gift”
Section 1.3 Early History of Trusts
Section 6.32 Six-Month Statute—Filing
Section 12.13 Qualifications of Custodians
Section 11.25 Management and Investment of Custodial Property
Section 13.64 Jurisdiction
Section 2.20 Tax Considerations
Section 8.38 Cohabitation and Same-Sex Couples
Section 5.12 Court Modification of Administrative Terms
Section 1.28 Honorary Trusts
Section 9.11 Other Provisions
Section 3.55 Prudent Administration
Section 1.29 Taxation of Trusts
Section 13.21 Revoking or Changing a Beneficiary Designation
Section 1.60 Generally
Section 8.23 Compensation of Attorney in Fact
Section 13.37 Assignments Effective on Death of Assignor
Section 1.69 Disclaimer for State and Federal Tax Purposes
Section 2.56 Compensation for Trustees Who Are Removed or Resign
Section 9.31 Law Governing Validity
Section 13.53 Documentation That Must Accompany a Written Request for Execution of a Nonprobate Transfer
Section 3.61 Record Keeping and Identification of Trust Property
Section 8.48 Manner of Signature by Attorney in Fact
Section 6.54 Tortious Interference
Section 1.23 Estate Planning
Section 13.9 Motor Vehicles, Trailers, Boats, Outboard Motors, and Manufactured Homes
Section 12.26 Liabilities of Custodian and Beneficiary
Section 2.34 Exercise of Involuntary Removal Power Without Cause
Section 3.23 To Pay Taxes, Compensation, and Expenses
Section 3.59 Power to Direct
Section 11.50 Cross-References for Uniform Transfers to Minors Act and Missouri Transfers to Minors Law Sections
Section 9.69 Agreement With Respect to Springing Durable Power of Attorney Appointing Third Person
Section 3.57 Trustee Skills
Section 3.60 Control and Protection of Trust Property
Section 3.11 To Exchange or Partition Trust Property
Section 11.44 Beneficiary Designations Under Benefit Plan or Insurance, §§ 404.016, 404.027.1, 404.047.1(4), and 404.057.1, RSMo
Section 2.63 Bonds of Trustees
Section 13.11 Opting Out of the Nonprobate Transfers Law of Missouri
Section 9.26 Life Insurers
Section 11.6 Creation of Custodial Trust for Minors
Section 3.53 Business Activities
Section 5.33 Termination Under § 456.590.2, Rsmo
Section 6.17 Circuit Court, Associate Division
Section 13.102 1989 and 1995 Committee Comments
Section 9.35 Naming of Multiple Attorneys in Fact
Section 2.55 Finality—Waiver, Statutes of Limitation, and Fraud
Section 2.11 Nonresident Corporate Fiduciaries and Constitutional Issues
Section 2.7 Private Corporations
Section 9.43 Use of Separate Agreement
Section 3.44 Affiliates
Section 2.32 Nonresidence
Section 6.76 Costs and Fees
Section 2.21 Generally
Section 3.17 To Enter Leases
Section 11.27 Expenses, Compensation, and Bond of Custodian
Section 6.75 Statutory Defenses—Statute of Limitation
Section 9.33 Assisting Disabled or Incapacitated Persons Without Durable Power of Attorney for Health Care
Section 6.11 Dependent Relative Revocation
Section 3.105 Independent Representation
Section 12.54 Drafting Committee Comments to § 404.550, RSMo 1989
Section 10.13 Refusal of Personal Treatment
Section 3.58 Delegation by Trustee
Section 3.32 To Sign and Deliver Contracts
Section 13.23 Failure of Beneficiary to Survive the Owner by 120 Hours
Section 12.38 National Conference of Commissioners on Uniform State Laws Comments for Uniform Custodial Trust Act
Section 11.45 Example of Opinion on Abstract, § 404.051.5(3), RSMo
Section 4.1 Introduction
Section 5.16 Termination by the Trustee
Section 9.7 Provisions Incorporated Through the Durable Power of Attorney Law
Section 6.48 Executed Trust (Funding)
Section 7.3 Nonjudicial Settlements
Section 11.31 Termination of Custodianship
Section 12.31 Termination by Court
Section 8.16 Nondelegable Powers
Section 2.18 Advantages and Disadvantages of Using Nonprofessional, Professional, or Corporate Fiduciaries—An Ideal Combination
Section 3.1 Introduction
Section 3.46 Stock Transactions
Section 3.111 Fiduciary Capacity
Section 9.38 Springing Aspect of Durable Power of Attorney for Health Care
Section 3.67 Specific Information
Section 5.27 Mode of Revocation
Section 3.37 Administration of Trust
Section 9.36 Providing Back-Up Authority
Section 2.8 Nonresidents Generally
Section 9.50 “Death-Prolonging Procedure” Defined
Section 5.6 Modification or Revocation by Multiple Settlors
Section 13.92 Examples of Transfer on Death Securities Registrations
Section 13.67 Purposes for Which Funds May Be Raised by a Creditors’ Rights Proceeding
Section 5.5 Modification or Revocation by Settlor
Section 13.96 Pay on Death Agreement for Bank Certificate of Deposit
Section 2.39 Hostility or Favoritism to Beneficiaries
Section 10.4 Exceptions
Section 13.25 Nature of a “Transferring Entity”
Section 6.15 Circuit Court
Section 6.21 Venue
Section 12.12 Manner of Making the Transfer
Section 5.19 Missouri Uniform Trust Code Provisions Applicable to Trusts Created on or after January 1, 2005
Section 12.32 Jurisdiction and Procedure
Section 13.32 Protections Regarding Competing Claimants
Section 13.77 Rules for Employee Beneficiary Designations
Section 6.37 No Limit Limitation Pre-Missouri Uniform Trust Code
Section 11.23 Obligation to Administer Custodial Property
Section 3.91 Modification or Termination Because of Unanticipated Circumstances or Inability to Administer Trust Effectively or in Furtherance of a Trust Purpose
Section 9.8 Special Provisions Related to Nutrition and Hydration
Section 13.1 Introduction
Section 8.29 Revocation of Prior Durable Powers of Attorney
Section 6.79 Who May Appeal
Section 1.8 Beneficiary
Section 2.62 Duties of Continuing or Successor Trustees as to Final Accounting and Breaches of Trust of Former Trustees
Section 11.49 Missouri Sections Not in Uniform Transfers to Minors Act
Section 1.59 Requirement of a Writing
Section 9.17 Conditions Precedent to Withdrawal or Withholding of Nutrition or Hydration
Section 8.12 Nondurable General Power of Attorney
Section 12.2 History of Development
Section 12.41 Custodial Agreement Checklist
Section 12.48 Transfer-on-Death Direction to Custodian
Section 13.47 Determining Which Beneficiaries Take the Property After the Owner Dies, and in What Proportions, When Multiple Beneficiaries Are Designated
Section 9.32 Use of Separate Document for Durable Power of Attorney for Health Care
Section 3.109 Trustee Contracts
Section 6.13 Federal Courts
Section 1.49 Nature of Beneficiary’s Interest
Section 6.12 In Terrorem Clauses
Section 12.6 Uses of Personal Custodian Law
Section 2.26 Appointment by Settlor or Testator
Section 13.100 Forgiveness of Indebtedness at Owner’s Death, Included in Owner’s Revocable Trust Under § 461.001, RSMo
Section 1.27 Charitable Trusts
Section 3.100 Attorney Fees and Costs
Section 9.34 Provisions in Durable Power of Attorney for Health Care for Substitute Attorney in Fact
Section 11.2 Nature of Custodianship
Section 9.57 Effectiveness Outside Missouri
Section 9.52 Form, Execution, and Notification
Section 6.42 Intent to Create Trust
Section 1.39 Nature of Interest Transferred
Section 2.50 Estoppel—Consent of Beneficiaries
Section 1.18 Custodial Arrangements
Section 1.68 Generally
Section 13.62 Protection of Good-Faith Purchaser or Lender
Section 9.53 Operative Effect
Section 1.50 Generally
Section 9.54 Revocation
Section 1.25 Trusts for Benefit of Employees and Self‑Employed Persons
Section 5.34 Equity Power to Modify Administrative Terms of Trusts
Section 8.30 Use of Photocopies
Section 3.22 To Contest or Settle a Claim
Section 8.8 General Durable Power of Attorney
Section 10.5 Standards and Duty
Section 3.50 Loans
Section 5.24 Settlor’s Power to Modify Trust
Section 9.47 Advance Agreement of Nominee to Act
Section 1.73 Drafting the Instrument
Section 9.1 Introduction
Section 9.3 Necessary Language
Section 6.27 In General
Section 2.52 Jurisdiction and Venue
Section 1.47 Beneficiaries of Honorary Trusts
Section 2.4 Minors and Disabled Persons
Section 6.51 Undue Influence
Section 9.55 Duties, Immunities, and Penalties
Section 9.30 Law Governing Durability