55-34.15 - Reporting and accounting by custodial trustee; determination of liability.
§ 55-34.15. Reporting and accounting by custodial trustee; determination ofliability.
Upon the acceptance of custodial trust property, the custodial trustee shallprovide a written statement describing the custodial trust property and shallthereafter provide a written statement of the administration of the custodialtrust property (i) once each year, (ii) upon request at reasonable times bythe beneficiary or the beneficiary's legal representative, (iii) uponresignation or removal of the custodial trustee, and (iv) upon termination ofthe custodial trust. The statements must be provided to the beneficiary orto the beneficiary's legal representative, if any. Upon termination of thebeneficiary's interest, the custodial trustee shall furnish a currentstatement to the person to whom the custodial trust property is to bedelivered.
A beneficiary, the beneficiary's legal representative, an adult member of thebeneficiary's family, a person interested in the custodial trust property, ora person interested in the welfare of the beneficiary may petition the courtfor an accounting by the custodial trustee or the custodial trustee's legalrepresentative.
A successor custodial trustee may petition the court for an accounting by apredecessor custodial trustee.
If a custodial trustee is removed, the court shall require an accounting andorder delivery of the custodial trust property and records to the successorcustodial trustee and the execution of all instruments required for transferof the custodial trust property.
In an action or proceeding under this chapter or in any other proceeding, thecourt may require or permit the custodial trustee or the custodial trustee'slegal representative to account. The custodial trustee or the custodialtrustee's legal representative may petition the court for approval of finalaccounts.
On petition of the custodial trustee or any person who could petition for anaccounting, the court, after notice to interested persons, may issueinstructions to the custodial trustee or review the propriety of the acts ofa custodial trustee or the reasonableness of compensation determined by thecustodial trustee for the services of the custodial trustee or others.
(1990, c. 264.)