Trusts and Powers of Attorney (2013 Cum Supp) - page 2

Name: Trusts and Powers of Attorney (2013 Cum Supp) - page 2
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Section 2.54 Necessity for, Form of, and Period Covered by Final Account—Due From and to Whom?
Section 4.21 Remaining Receipts Allocated to Principal
Section 11.9 State Law That Governs
Section 2.10 Nonresident Corporate Fiduciaries and Reciprocity
Section 12.35 Accounting to Satisfy Creditor Claims
Section 2.43 Refusal to Comply With Trust Terms and Deviation From Duty Without Court Authority
Section 10.14 Refusal of Treatment by Legal Representative or Parent
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 2.50 Estoppel—Consent of Beneficiaries
Section 1.18 Custodial Arrangements
Section 1.68 Generally
Section 9.60 Introduction
Section 8.37 Selecting an Agent
Section 13.33 Protections Under Other Statutes
Section 11.19 Federal Estate Taxes
Section 1.16 Personal Representatives and Administrators
Section 3.65 Reports and Notices
Section 13.44 Method for Indicating Primary and Contingent Beneficiaries and Different Percentage Interests
Section 6.9 Partial Invalidity
Section 11.21 State Taxes
Section 2.13 Practical Capabilities—Who Ought to Be Named as Trustee?
Section 5.31 Termination by Consent of Beneficiaries
Section 12.22 Expenditures for Beneficiary
Section 9.75 General (Springing) Durable Power of Attorney
Section 12.23 Expenses, Compensation, and Bond of Custodian
Section 1.52 Bond Requirement
Section 5.8 Court Modification or Termination
Section 12.46 Opinion on Abstract
Section 9.4 Certification of Incapacity
Section 1.21 Requirement of Purpose
Section 1.44 Bankruptcy of a Beneficiary
Section 5.9 Settlor’s Modification
Section 2.15 Capability to Perform Duties
Section 9.48 Introduction
Section 6.55 In General
Section 3.5 Caselaw and Treatises
Section 11.30 Liabilities of Custodian and Minor
Section 13.8 Accounts or Deposits in Financial Institutions
Section 13.62 Protection of Good-Faith Purchaser or Lender
Section 7.11 Evidentiary Rules
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 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 3.96 Contribution From Cotrustee
Section 2.4 Minors and Disabled Persons
Section 3.30 To Resolve Disputes
Section 3.84 Adjustment to Compensation
Section 6.56 Persons With Standing
Section 6.72 Dismissal of Action—Defenses
Section 13.99 Promissory Note in Beneficiary Form
Section 12.36 Uniform Custodial Trust Act
Section 6.51 Undue Influence
Section 9.55 Duties, Immunities, and Penalties
Section 9.30 Law Governing Durability
Section 3.80 Distribution and Termination
Section 2.45 Commingling of Trust Assets
Section 1.12 Generally
Section 13.15 Missouri Lottery Prizes
Section 8.4 Use of Witnesses
Section 11.33 Automatic Succession
Section 13.53 Documentation That Must Accompany a Written Request for Execution of a Nonprobate Transfer
Section 8.46 Coordinating the Durable Power of Attorney With Other Estate Planning Documents
Section 9.33 Assisting Disabled or Incapacitated Persons Without Durable Power of Attorney for Health Care
Section 6.83 Fees and Costs
Section 2.5 Convicted Persons
Section 13.31 Protections Regarding Factual Information
Section 13.81 Acknowledgment of Receipt of Beneficiary Designation Form for Contract Rights
Section 3.10 To Acquire or Sell Property
Section 7.6 Parties
Section 6.30 Two-Year Statute
Section 3.13 To Borrow Money
Section 7.14 Special Rules Regarding Distributions From Irrevocable Trusts (New Section)
Section 3.83 Special Fiduciaries
Section 6.69 Confidential Relationship
Section 3.24 To Make Elections With Respect to Taxes
Section 1.45 Discretionary Trusts
Section 5.22 Court Modification or Termination of Noncharitable Irrevocable Trusts With the Consent of Some Beneficiaries
Section 8.27 Accounting
Section 13.72 Sources and Use of Examples and Committee Comments
Section 6.68 Presumptions
Section 12.30 Termination Under the Uniform Custodial Trust Act
Section 12.53 Example of Agreement With Custodian
Section 13.45 Income Earned or Declared and Unpaid at Owner’s Death and Dividend Reinvestment Plans
Section 6.86 An Ethical Dilemma
Section 10.12 Constitutional Right of Privacy
Section 13.29 Protections Provided to Transferring Entities
Section 1.31 Generally
Section 11.36 Transfer From “Uniform Gifts to Minors Act” to “Missouri Transfers to Minors Law”
Section 12.1 Nature of Personal Custodianship
Section 3.101 Limitation of Action Against Trustee
Section 1.9 Effect on Property
Section 6.47 Fraud, Duress, or Undue Influence
Section 5.21 Court Modification or Termination of Noncharitable Irrevocable Trusts With the Consent of All Beneficiaries
Section 2.21 Generally
Section 3.97 Joint and Several Liability
Section 12.25 Immunities and Protection for Third Persons
Section 12.27 Resignation and Removal of Personal Custodian
Section 13.73 Example of Instructions for Making Employee Beneficiary Designations
Section 9.65 Advantages of Using a Treatment Directive
Section 2.31 Loss of Legal Capacity or Moral, Physical, or Mental Fitness
Section 8.57 Notice of Revocation of Durable Power of Attorney
Section 11.10 Property That May Be Transferred
Section 3.111 Fiduciary Capacity
Section 1.72 Role of Tax Savings
Section 11.46 Example of Custodial Trust Agreement
Section 13.32 Protections Regarding Competing Claimants
Section 8.50 Initial Letter to Client
Section 9.27 Effect of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Section 5.37 Reformation
Section 13.95 Registration in Beneficiary Form: Transfer on Death (TOD) Account With Stockbroker
Section 4.34 The Unitrust Alternative to the § 469.405, RSMo, Adjustment Power
Section 6.58 Parties
Section 12.9 Effect of Creating Personal Custodianship
Section 12.42 Distribution to Custodian Under Will or Trust
Section 9.2 Must Be Durable
Section 11.20 Federal Income Taxes
Section 3.18 To Grant Options Involving a Sale or Lease
Section 11.29 Immunities and Protections for Third Persons
Section 2.53 Whether to Appoint Successor Trustees at All and How Many
Section 3.38 Loyalty
Section 13.63 Rights of Interested Parties When Requests for Payment Are Outstanding
Section 11.8 Scope and Application of Law
Section 9.45 Executing New Durable Power of Attorney for Health Care Rather Than Amending Old Document
Section 5.2 Missouri Uniform Trust Code Provisions Applicable to All Trusts
Section 3.73 Single Trust Limitation
Section 8.34 Between the Principal and Third Parties
Section 11.43 Distribution to Custodian Under Will or Trust, §§ 404.016, 404.027.1, 404.047.1(4), and 404.057.1, RSMo
Section 3.103 Event Affecting Administration or Distribution
Section 5.19 Missouri Uniform Trust Code Provisions Applicable to Trusts Created On or After January 1, 2005
Section 3.71 Beneficiary Waivers Regarding Information
Section 13.46 Distribution of Fractional Shares or Indivisible Property
Section 3.21 To Take Action Regarding Environmental Liability
Section 1.37 Property Must Be Transferable
Section 6.60 Plaintiffs
Section 3.102 Reliance on Trust Instrument
Section 3.33 To Wind Up the Administration of the Trust
Section 1.13 Bailment
Section 12.50 Instructions for Making Beneficiary Designations for Custodianship Property
Section 6.70 Transfers in Fraud of Marital Rights
Section 8.40 Military Personnel
Section 1.56 Consideration
Section 4.26 Transfers to Principal for Depreciation
Section 12.15 Revocation
Section 13.74 Distribution Rules Summary (for Employees)
Section 3.76 Satisfaction of Legal Obligation
Section 9.12 Attorney in Fact Must Accept
Section 4.30 Overview of the § 469.405, RSMo, Adjustment Power
Section 11.4 Use of Conservatorship, Trust, or Custodianship
Section 4.2 Missouri’s Principal and Income Act
Section 3.86 Removal of Trustee
Section 13.30 Protections Regarding the Default Provisions
Section 2.42 Neglect of Trust and Delegation of All Responsibilities
Section 9.6 Recording and Filing Requirements
Section 6.46 Lawful Purpose
Section 13.24 Unavailability of the Property at the Owner’s Death—Transfers, Liens, Involuntary Conversion
Section 6.62 Necessary Parties
Section 13.103 2004 Committee Comments (Creditors’ Rights)
Section 12.5 Relationship to Durable Power of Attorney
Section 9.44 Whether to Re-Execute Existing Powers of Attorney for Health Care
Section 3.79 Range of Discretion
Section 13.70 Protection for Transferring Entities
Section 6.66 Intervention
Section 6.81 Beneficiaries
Section 12.21 Investment and Management
Section 11.1 History of Legislation
Section 11.12 Persons Who May Be Transferors
Section 13.59 After-Born Child Rule and Related Matters
Section 9.62 Execution of Document
Section 1.74 Assignment of Trust Property
Section 3.104 Bad Faith
Section 5.7 Disposition of Trust Property Upon Revocation
Section 1.19 Other Relationships
Section 7.2 Introduction
Section 12.52 Example of Durable Power of Attorney
Section 3.110 Trustee Torts
Section 7.1 Acknowledgments
Section 8.13 General Powers
Section 8.19 Affidavit of Agent
Section 6.19 Total Exclusive Jurisdiction
Section 11.3 Not Exclusive Method of Transfer
Section 9.24 Custodians of Medical Records