Section 501B.16 Petition for Court Order
501B.16 PETITION FOR COURT ORDER.
A trustee of an express trust by will or other written instrument or a person interested in the trust may petition the district court for an order:
(1) to confirm an action taken by a trustee;
(2) upon filing of an account, to settle and allow the account;
(3) to determine the persons having an interest in the income or principal of the trust and the nature and extent of their interests;
(4) to construe, interpret, or reform the terms of a trust, or authorize a deviation from the terms of a trust, including a proceeding involving section 501B.31;
(5) to approve payment of the trustee's fees, attorneys' fees, accountants' fees, or any other fees to be charged against the trust;
(6) to confirm the appointment of a trustee;
(7) to accept a trustee's resignation and discharge the trustee from the trust;
(8) to require a trustee to account;
(9) to remove a trustee for cause; or if the court finds that removal of the trustee best serves the interests of all of the beneficiaries, is not inconsistent with a material purpose of the trust, and one or more of the following elements is found:
(i) the trustee has committed a serious breach of trust;
(ii) lack of cooperation among cotrustees substantially impairs the administration of the trust;
(iii) the unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively;
(iv) there has been a substantial change of circumstances; or
(v) removal is requested by all of the beneficiaries not under disability who, on the date the petition is signed, either are current permissible distributees of trust income or principal, or would be permissible distributees of trust income or principal if the trust terminated on that date;
(10) to appoint a successor trustee when required by the terms of the trust instrument or when by reason of death, resignation, removal, or other cause there is no acting trustee;
(11) to confirm an act performed in execution of the trust by a person while there was no acting trustee;
(12) to subject a trust to continuing court supervision under section 501B.23;
(13) to remove a trust from continuing court supervision under section 501B.23;
(14) to mortgage, lease, sell, or otherwise dispose of real property held by the trustee notwithstanding any contrary provision of the trust instrument;
(15) to suspend the powers and duties of a trustee in military service or war service in accordance with section 525.95 and to order further action authorized in that section;
(16) to secure compliance with the provisions of sections 501B.33 to 501B.45, in accordance with section 501B.41;
(17) to determine the validity of a disclaimer filed under section 501B.86;
(18) to change the situs of a trust;
(19) to redress a breach of trust;
(20) to terminate a trust;
(21) to divide a trust under section 501B.15;
(22) to merge two or more trusts under section 501B.15; or
(23) to instruct the trustee, beneficiaries, and any other interested parties in any matter relating to the administration of the trust and the discharge of the trustee's duties.
History:
1989 c 340 art 1 s 13; 1995 c 130 s 3; 2004 c 146 art 1 s 6