Iowa Code 633A.6202 – Petitions — purposes of proceedings
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Terms Used In Iowa Code 633A.6202
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- property: includes personal and real property. See Iowa Code 4.1
- Trustee: A person or institution holding and administering property in trust.
633A.6202 Petitions — purposes of proceedings.
1. Except as otherwise provided in § 633A.3103, a trustee or beneficiary of a trust may petition the court concerning the internal affairs of the trust or to determine the existence of the trust.
2. Proceedings concerning the internal affairs of a trust include proceedings to do any of the following:
a. Construe and determine the terms of a trust.
b. Determine the existence of any immunity, power, privilege, duty, or right.
c. Determine the validity of a trust provision.
d. Ascertain beneficiaries and determine to whom property shall pass or be delivered upon final or partial termination of the trust.
e. Settle accounts and pass upon the acts of the trustee, including the exercise of discretionary powers.
f. Instruct the trustee.
g. Compel the trustee to report information about the trust or account to the beneficiary.
h. Grant powers to or modify powers of the trustee.
i. Fix or allow payment of the trustee’s compensation or review the reasonableness of the compensation.
j. Appoint or remove a trustee.
k. Accept the resignation of a trustee.
l. Compel redress of a breach of trust by any available remedy.
m. Approve or direct the modification or termination of the trust.
n. Approve or direct the combination or division of trusts.
o. Authorize or direct transfer of a trust or trust property to or from another jurisdiction.
p. Determine liability of a trust for debts or the expenses of administration of the estate of a deceased settlor.
q. Determine any other issue that will aid in the administration of the trust.
99 Acts, ch 125, §95, 109
C2001, §633.6202
2002 Acts, ch 1119, §191; 2005 Acts, ch 38, §54, 55
CS2005, §633A.6202
Referred to in §633A.4106, 633A.4107, 633A.4601, 633A.6301
1. Except as otherwise provided in § 633A.3103, a trustee or beneficiary of a trust may petition the court concerning the internal affairs of the trust or to determine the existence of the trust.
2. Proceedings concerning the internal affairs of a trust include proceedings to do any of the following:
a. Construe and determine the terms of a trust.
b. Determine the existence of any immunity, power, privilege, duty, or right.
c. Determine the validity of a trust provision.
d. Ascertain beneficiaries and determine to whom property shall pass or be delivered upon final or partial termination of the trust.
e. Settle accounts and pass upon the acts of the trustee, including the exercise of discretionary powers.
f. Instruct the trustee.
g. Compel the trustee to report information about the trust or account to the beneficiary.
h. Grant powers to or modify powers of the trustee.
i. Fix or allow payment of the trustee’s compensation or review the reasonableness of the compensation.
j. Appoint or remove a trustee.
k. Accept the resignation of a trustee.
l. Compel redress of a breach of trust by any available remedy.
m. Approve or direct the modification or termination of the trust.
n. Approve or direct the combination or division of trusts.
o. Authorize or direct transfer of a trust or trust property to or from another jurisdiction.
p. Determine liability of a trust for debts or the expenses of administration of the estate of a deceased settlor.
q. Determine any other issue that will aid in the administration of the trust.
99 Acts, ch 125, §95, 109
C2001, §633.6202
2002 Acts, ch 1119, §191; 2005 Acts, ch 38, §54, 55
CS2005, §633A.6202
Referred to in §633A.4106, 633A.4107, 633A.4601, 633A.6301