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other temporary incapacity, the remaining cotrustee or a majority | of the remaining cotrustees may act for the trust. |
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| | 5.__Delegation.__A trustee may not delegate to a cotrustee the | performance of a function the settlor reasonably expected the | trustees to perform jointly.__Unless a delegation was | irrevocable, a trustee may revoke a delegation previously made. |
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| | 6.__Liability.__Except as otherwise provided in subsection 7, | a trustee who does not join in an action of another trustee is | not liable for the action. |
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| | 7.__Reasonable care.__Each trustee shall exercise reasonable | care to: |
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| A.__Prevent a cotrustee from committing a serious breach of | trust; and |
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| B.__Compel a cotrustee to redress a serious breach of trust. |
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| | 8.__Dissenting trustee.__A dissenting trustee who joins in an | action at the direction of the majority of the trustees and who | notified in writing any cotrustee of the dissent at or before the | time of the action is not liable for the action unless the action | is a serious breach of trust. |
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| §704.__Vacancy in trusteeship; appointment of successor |
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| | 1.__Vacancy.__A vacancy in a trusteeship occurs if: |
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| A.__A person designated as trustee rejects the trusteeship; |
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| B.__A person designated as trustee can not be identified or | does not exist; |
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| D.__A trustee is disqualified or removed; |
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| F.__A guardian or conservator is appointed for an individual | serving as trustee. |
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| | 2.__Filling of vacancies.__If one or more cotrustees remain in | office, a vacancy in a trusteeship need not be filled.__A vacancy | in a trusteeship must be filled if the trust has no remaining | trustee. |
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