Iowa Code 633.123 – Prudent investments — fiduciaries
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Terms Used In Iowa Code 633.123
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Fiduciary: A trustee, executor, or administrator.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
633.123 Prudent investments — fiduciaries.
1. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing property for the benefit of another, a fiduciary shall consider all of the following circumstances along with the circumstances identified in § 633A.4302, if applicable:
a. The length of time the fiduciary will have control over the estate assets and the anticipated costs of complying with the provisions of this section.
b. The unique nature of all of the following:
(1) The duties of a personal representative or conservator.
(2) The assets, income, expenses, and distribution requirements of the estate. (3) The needs and rights of the beneficiaries or the ward.
c. The express provisions of a will, codicil, or other controlling instrument.
2. The standards identified in this section shall be applied differently than similar standards for investment and management of trust property. Special consideration shall be given to the expected term of estates. Because some estates will have limited duration, there may be situations where an investment or a change in an investment is not warranted.
2007 Acts, ch 134, §7, 28
Referred to in §633.642, 633F.7
1. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing property for the benefit of another, a fiduciary shall consider all of the following circumstances along with the circumstances identified in § 633A.4302, if applicable:
a. The length of time the fiduciary will have control over the estate assets and the anticipated costs of complying with the provisions of this section.
b. The unique nature of all of the following:
(1) The duties of a personal representative or conservator.
(2) The assets, income, expenses, and distribution requirements of the estate. (3) The needs and rights of the beneficiaries or the ward.
c. The express provisions of a will, codicil, or other controlling instrument.
2. The standards identified in this section shall be applied differently than similar standards for investment and management of trust property. Special consideration shall be given to the expected term of estates. Because some estates will have limited duration, there may be situations where an investment or a change in an investment is not warranted.
2007 Acts, ch 134, §7, 28
Referred to in §633.642, 633F.7