Trusts and Powers of Attorney (2013 Cum Supp) - page 3

Name: Trusts and Powers of Attorney (2013 Cum Supp) - page 3
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Section 3.37 Administration of Trust
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 4.25 Disbursements Allocated to Principal
Section 3.40 Third-Party Conflict
Section 12.37 Missouri Personal Custodian Law
Section 8.52 Springing Durable Power of Attorney (Short Form)
Section 12.34 Actions by or Against Custodial Beneficiary or Custodian
Section 9.48 Introduction
Section 6.55 In General
Section 3.5 Caselaw and Treatises
Section 7.8 Attorney Fees and Costs
Section 11.30 Liabilities of Custodian and Minor
Section 13.8 Accounts or Deposits in Financial Institutions
Section 5.2 Missouri Uniform Trust Code Provisions Applicable to All Trusts
Section 3.73 Single Trust Limitation
Section 5.27 Mode of Revocation
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 2.15 Capability to Perform Duties
Section 9.4 Certification of Incapacity
Section 6.71 Survival of Action
Section 8.14 Subject Matter, Powers, and Authority
Section 3.110 Trustee Torts
Section 12.42 Distribution to Custodian Under Will or Trust
Section 7.5 Declining Jurisdiction
Section 12.15 Revocation
Section 6.60 Plaintiffs
Section 1.37 Property Must Be Transferable
Section 3.27 To Appoint an Ancillary Trustee
Section 6.7 Jury Trial
Section 13.39 Beneficiary Deed of Gift or Bill of Sale
Section 4.29 Adjustment Powers Granted by the Act
Section 2.61 Succession by Court Order
Section 6.84 Trustees
Section 6.47 Fraud, Duress, or Undue Influence
Section 3.29 To Make Distributions in Divided or Undivided Interests
Section 9.23 Under Durable Power of Attorney for Health Care Act
Section 5.36 Missouri Uniform Trust Code
Section 3.28 To Make Distributions to Disabled Beneficiaries
Section 12.51 Distribution Rules Summary for Custodianship Beneficiary Designations
Section 13.45 Income Earned or Declared and Unpaid at Owner’s Death and Dividend Reinvestment Plans
Section 2.38 Charging Excessive Fees
Section 11.5 Creation of Custodianship—Generally
Section 3.7 Generally
Section 8.47 Review of Instruments Prepared by Third Parties
Section 6.38 Grounds for Contest
Section 2.22 Personal Trustees
Section 13.76 Acknowledgment of Receipt of Employee Beneficiary Designation Form
Section 8.1 Background
Section 12.40 Practice Suggestions and Forms
Section 9.41 Setting Standards for Attorney in Fact
Section 8.10 Limited Durable Power of Attorney
Section 4.28 Allocation of Tax Disbursements
Section 3.115 Practical Tips for Trust Administration (New Section)
Section 2.60 Succession From One Trustee to Another Under Trust Terms
Section 1.9 Effect on Property
Section 2.44 Abusive Exercise of Discretionary Powers
Section 3.101 Limitation of Action Against Trustee
Section 13.66 Which Recipients of Property Are Liable to Account, and for How Much of the Property?
Section 3.99 Damages in Absence of a Breach
Section 13.14 Conflicts of Law
Section 2.40 Holding Adverse or Conflicting Interests
Section 4.3 Provisions Pertaining to the Beginning and End of an Income Interest
Section 12.7 Tailoring to Meet Client Needs
Section 9.29 Interpretation of Pre-Durable Power of Attorney for Health Care Act Powers of Attorney
Section 6.8 Two Parties in One
Section 1.6 Trust Property
Section 13.85 Revocation of Beneficiary Deed
Section 13.2 Statutory Basis for Transfers on Death by Contract, Deed, Trust, and Gift
Section 9.66 Suggested Forms With Explanatory Notes
Section 13.36 Beneficiary Designation Under Written Instrument or Law
Section 3.42 Trust Opportunity
Section 9.58 Right to Assisted Suicide
Section 10.6 Elements
Section 9.5 Form of Document
Section 9.59 Declaration Ineffective During Pregnancy
Section 13.3 Varieties of Nonprobate Transfer Devices
Section 3.2 Governing Instrument
Section 4.6 Apportionment When a Mandatory Income Interest Ends
Section 3.43 Conflict Not Presumed in Certain Investments
Section 6.2 Applicability
Section 1.20 Generally
Section 8.20 Successor Attorneys in Fact
Section 1.2 Further References
Section 9.6 Recording and Filing Requirements
Section 2.42 Neglect of Trust and Delegation of All Responsibilities
Section 13.30 Protections Regarding the Default Provisions
Section 3.38 Loyalty
Section 11.29 Immunities and Protections for Third Persons
Section 3.112 Interest as General Partner
Section 6.68 Presumptions
Section 6.45 Sole Beneficiary
Section 8.27 Accounting
Section 13.101 Use of Beneficiary Designation Form in Connection With Inter Vivos Trust
Section 12.18 Tax Consequences
Section 10.3 When Required
Section 8.16 Nondelegable Powers
Section 3.81 Remedies for Breach of Trust
Section 1.43 Spendthrift Trusts
Section 13.57 Dissolution of Marriage
Section 3.114 Certification of Trust
Section 8.22 Appointing Subagents and Supplemental Powers of Attorney
Section 4.8 Allocation of Receipts During the Administration of a Trust
Section 1.51 Who May Be Trustee
Section 13.19 Ownership of Property With Respect to Which a Beneficiary Designation Has Been Made, After the Original Owner Dies
Section 3.56 Costs of Administration
Section 12.44 Distribution to Custodian Under Employee Benefit Plans
Section 13.82 Beneficiary Assignment
Section 1.63 Requirement of Transfer
Section 9.42 Spelling Out Standards in Durable Power of Attorney for Health Care
Section 7.11 Evidentiary Rules
Section 13.42 Source of Rules Governing All Nonprobate Transfers
Section 1.64 Declarations of Trust
Section 4.10 Receipts From Trusts and Estates
Section 2.14 Ethical and Statutory Prohibitions
Section 10.11 Special Circumstances
Section 1.4 Trust
Section 6.31 Six-Month Statute—Notice
Section 4.32 Section 469.405, RSMo, Adjustment Power’s Impact on Nonproductive Property Held in a Marital Trust
Section 3.51 Charitable Trusts
Section 9.15 Cannot Serve as Attorney in Fact
Section 1.66 Acceptance by Beneficiary
Section 12.19 Single and Multiple Beneficiaries
Section 12.24 Record Keeping, Accounting, and Limitations
Section 2.39 Hostility or Favoritism to Beneficiaries
Section 3.88 With Consent of Settlor
Section 3.57 Trustee Skills
Section 3.111 Fiduciary Capacity
Section 11.35 Transfer on Resignation or Death of Custodian
Section 9.70 Agreement With Respect to General Durable Power of Attorney Appointing Attorney at Law
Section 6.75 Statutory Defenses—Statute of Limitation
Section 12.14 Manner of Making a Future Transfer
Section 11.10 Property That May Be Transferred
Section 3.22 To Contest or Settle a Claim
Section 13.93 Application to Register Stock in Beneficiary Form
Section 11.37 Transfer to Out-of-State Custodian
Section 8.38 Cohabitation and Same-Sex Couples
Section 12.2 History of Development
Section 2.47 Failure to Distribute Income
Section 3.63 Collecting Trust Property
Section 12.8 Creation of Custodianship—Generally
Section 11.32 Substitutes for Initial Custodians
Section 1.39 Nature of Interest Transferred
Section 8.5 Recording of Durable Power of Attorney
Section 9.71 Summary of Duties of Attorney in Fact (Health Care)
Section 6.73 Adequate Remedy at Law
Section 6.82 Contingent Beneficiaries (Residuary Devisees and Heirs)
Section 8.21 Temporary Unavailability of Attorney in Fact
Section 5.20 Settlor’s Power of Revocation or Modification
Section 2.11 Nonresident Corporate Fiduciaries and Constitutional Issues
Section 1.17 Debtor and Creditor Relationships
Section 6.26 Trust Not Registered
Section 9.20 Health Care Providers Not to Require Execution of Durable Power of Attorney for Health Care
Section 3.9 To Collect and Accept Additions as Trust Property
Section 2.17 Possible Solutions for Trustee Incapability
Section 7.7 Effect of Judgment or Court-Approved Settlement
Section 13.75 Employee Beneficiary Designation Form
Section 6.52 Duress
Section 3.96 Contribution From Cotrustee
Section 1.42 Repeal of Rule Against Perpetuities
Section 7.9 Conflicts Rules
Section 2.49 Statutory Exoneration by Nonjoinder or Formal Dissent
Section 2.35 Failure to Give Bond
Section 13.16 Overview of Chapter 461, RSMo
Section 2.33 Insolvency or Bankruptcy
Section 9.39 Signed Durable Power of Attorney for Health Care Held by Third Persons
Section 13.60 Protections Given to Transferring Entity and Good-Faith Purchaser or Lender Do Not Alter the Rights of Beneficiaries, Heirs, or Creditors
Section 1.54 Methods of Creating a Trust
Section 13.55 Lineal Descendant Substitutes
Section 4.17 Receipts From an Interest in Minerals or Other Natural Resources (Including Water)
Section 2.30 Breach of Trust
Section 3.94 Modification to Achieve Settlor’s Tax Objectives
Section 4.16 Receipts From Liquidating Assets
Section 6.24 Venue for Trust Contest
Section 1.1 Introduction and Scope of Chapter
Section 5.26 Settlor’s Power to Revoke Trust
Section 1.22 Private Trusts
Section 1.26 Marital Settlements
Section 2.2 What Is a Fiduciary?
Section 1.53 Successor Trustees
Section 3.90 Without Consent of Settlor if Trust Became Irrevocable Before January 1, 2005
Section 5.11 Court Modification or Termination Based on Unanticipated Circumstances
Section 8.32 Between the Principal and the Agent
Section 5.33 Termination Under § 456.590.2, RSMo
Section 1.24 Life Insurance Trusts
Section 13.86 Beneficiary Deed to the Revocable Trust of Whichever Spouse Dies Last
Section 2.16 Desirable Personal Characteristics
Section 3.74 Confidentiality
Section 5.28 Modification by Consent of Beneficiaries
Section 6.34 Pre-Missouri Uniform Trust Code Statutes of Limitation
Section 3.26 To Make Loans and Secure Loans Out of Trust Property
Section 1.41 Class Gifts
Section 6.78 Statutory Authority to Appeal