LD 921
pg. 27
Page 26 of 58 PUBLIC Law Chapter 618 Page 28 of 58
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LR 466
Item 1

 
§706.__Removal of trustee

 
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.

 
2.__Removal by court.__The court may remove a trustee if:

 
A.__The trustee has committed a serious breach of trust;

 
B.__Lack of cooperation among cotrustees substantially
impairs the administration of the trust;

 
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

 
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.

 
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.

 
§707.__Delivery of property by former trustee

 
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.

 
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.

 
§708.__Compensation of trustee

 
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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