This bill regards trusts and does the following.
1. It requires a trustee to send on an annual basis or within 30 days of a written request by a beneficiary a detailed report on the trust, including the trust's assets, liabilities, receipts and disbursements and the compensation received by the trustee.
2. It requires a trustee, when selling or otherwise conveying real property or a dwelling that is the primary residence of a beneficiary, to support the sales price by an appraisal conducted within 90 days of the sale or conveyance by an impartial certified appraiser and arranging alternative housing of the same or similar quality and accommodation for the beneficiary as the housing sold or conveyed.
3. It requires a trustee to make appropriate accommodations for a beneficiary with a physical or mental disability to ensure that the special needs of the beneficiary are met, allows a beneficiary to bring an action to enforce this provision and requires a court to make any decision in a matter involving a beneficiary of a trust who has a physical or mental disability in the best interests of the special needs of the beneficiary.
4. It requires a trustee to make a showing to the court of a reasonable likelihood of prevailing prior to expending funds or assets of a trust in a controversy against a beneficiary and allows a beneficiary to expend funds or assets of a trust in a controversy against a trustee upon a showing to the court of a colorable claim against the trustee.
Statutes affected: Bill Text LD 1763, SP 710: 18-B.1004