| §706.__Removal of trustee |
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| | 1.__Request to remove trustee.__The settlor, a cotrustee or a | beneficiary may request the court to remove a trustee, or a | trustee may be removed by the court on its own initiative. |
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| | 2.__Removal by court.__The court may remove a trustee if: |
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| A.__The trustee has committed a serious breach of trust; |
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| B.__Lack of cooperation among cotrustees substantially | impairs the administration of the trust; |
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| C.__Because of unfitness, unwillingness or persistent | failure of the trustee to administer the trust effectively, | the court determines that removal of the trustee best serves | the interests of the beneficiaries; or |
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| D.__There has been a substantial change of circumstances or | removal is requested by all of the qualified beneficiaries, | the court finds that removal of the trustee best serves the | interests of all of the beneficiaries and is not | inconsistent with a material purpose of the trust, and a | suitable cotrustee or successor trustee is available. |
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| | 3.__Appropriate relief.__Pending a final decision on a request | to remove a trustee, or in lieu of or in addition to removing a | trustee, the court may order such appropriate relief under | section 1001, subsection 2 as may be necessary to protect the | trust property or the interests of the beneficiaries. |
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| §707.__Delivery of property by former trustee |
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| | 1.__Duties of former trustee.__Unless a cotrustee remains in | office or the court otherwise orders, and until the trust | property is delivered to the cotrustee, successor trustee or | other person entitled to it, a trustee who has resigned or been | removed or disqualified has the duties of a trustee and the | powers necessary to protect the trust property. |
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| | 2.__Expeditious delivery.__A trustee who has resigned or been | removed or disqualified shall proceed expeditiously to deliver | the trust property within the trustee's possession to the | cotrustee, successor trustee or other person entitled to it. |
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| §708.__Compensation of trustee |
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| | 1.__Reasonable.__If the terms of a trust do not specify the | trustee's compensation, a trustee is entitled to compensation | that is reasonable under the circumstances.__A percentage fee is |
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