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A.__Three years after the settlor's death; or |
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| B.__One hundred and twenty days after the trustee sent the | person a copy of the trust instrument and a notice informing | the person of the trust's existence, of the trustee's name | and address and of the time allowed for commencing a | proceeding. |
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| | 2.__Trustee liability for distributions.__Upon the death of | the settlor of a trust that was revocable at the settlor's death, | the trustee may proceed to distribute the trust property in | accordance with the terms of the trust. The trustee is not | subject to liability for doing so unless: |
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| A.__The trustee knows of a pending judicial proceeding | contesting the validity of the trust; or |
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| B.__A potential contestant has notified the trustee of a | possible judicial proceeding to contest the trust and a | judicial proceeding is commenced within 60 days after the | contestant sent the notification. |
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| | 3.__Beneficiary to return distribution.__A beneficiary of a | trust that is determined to have been invalid is liable to return | any distribution received. |
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| §701.__Accepting or declining trusteeship |
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| | 1.__Acceptance.__Except as otherwise provided in subsection 3, | a person designated as trustee accepts the trusteeship: |
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| A.__By substantially complying with a method of acceptance | provided in the terms of the trust; or |
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| B.__If the terms of the trust do not provide a method or the | method provided in the terms is not expressly made | exclusive, by accepting delivery of the trust property, | exercising powers or performing duties as trustee or | otherwise indicating acceptance of the trusteeship. |
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| | 2.__Rejection.__A person designated as trustee who has not yet | accepted the trusteeship may reject the trusteeship.__A | designated trustee who does not accept the trusteeship within a | reasonable time after knowing of the designation is deemed to | have rejected the trusteeship. |
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