§ 91-8-201. Role of court in administration of trust

MS Code § 91-8-201 (2019) (N/A)
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(a) The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.

(b) A trust is not subject to continuing judicial supervision unless ordered by the court.

(c) A judicial proceeding involving a trust may relate to any matter involving the trust’s administration, including, but not limited to, a proceeding to:

(1) Request instructions;

(2) Determine the existence or nonexistence of any immunity, power, privilege, duty or right;

(3) Approve a nonjudicial settlement;

(4) Interpret or construe the terms of the trust;

(5) Determine the validity of a trust or of any of its terms;

(6) Approve a trustee’s report or accounting or compel a trustee to report or account;

(7) Direct a trustee to refrain from performing a particular act or grant to a trustee any necessary or desirable power;

(8) Review the actions or approve the proposed actions of a trustee, including the exercise of a discretionary power;

(9) Accept the resignation of a trustee;

(10) Appoint or remove a trustee;

(11) Determine a trustee’s compensation;

(12) Transfer a trust’s principal place of administration or a trust’s property to another jurisdiction;

(13) Determine the liability of a trustee for an action relating to the trust and compel redress of a breach of trust by any available remedy;

(14) Modify or terminate a trust;

(15) Combine trusts or divide a trust;

(16) Determine liability of a trust for debts of a beneficiary and living settlor;

(17) Determine liability of a trust for debts, expenses of administration, and statutory allowances chargeable against the estate of a deceased settlor;

(18) Determine the liability of a trust for claims, expenses and taxes in connection with the settlement of a trust that was revocable at the settlor’s death; and

(19) Ascertain beneficiaries and determine to whom property will pass upon final or partial termination of a trust.