Miss. Code § 91-8-201

Current through the 2024 Regular Session
Section 91-8-201 - Role of court in administration of trust
(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.

Miss. Code § 91-8-201

Added by Laws, 2014, ch. 421, SB 2727, 13, eff. 7/1/2014.