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§ 175.710. Court-ordered distribution

Oklahoma Statutes AnnotatedTitle 60. PropertyEffective: November 1, 2021

Oklahoma Statutes Annotated
Title 60. Property (Refs & Annos)
Chapter 4. Uses and Trusts
Oklahoma Decanting Act
Effective: November 1, 2021
60 Okl.St.Ann. § 175.710
§ 175.710. Court-ordered distribution
COURT-ORDERED DISTRIBUTION
A. An authorized trustee may petition a court to order a distribution under this act.
B. If the authorized trustee receives a written objection to a distribution under this act from a beneficiary before the proposed effective date of the distribution specified in the notice provided to the beneficiary under Section 6 of this act,1 the trustee or the beneficiary may petition a court to approve, modify or deny the exercise of the trustee's power to make a distribution under this act.
C. If the authorized trustee receives a written objection to the distribution from the attorney general not later than the thirtieth day after the date the notice required by Section 6 of this act was received by the attorney general, the trustee shall not make a distribution under Section 3 or 4 of this act2 without petitioning a court to approve or modify the exercise of the trustee's power to make a distribution under this act.
D. In a judicial proceeding under this section, the authorized trustee may present the trustee's reasons for supporting or opposing a proposed distribution, including whether the trustee believes the distribution would enable the trustee to better carry out the purposes of the trust.
E. The authorized trustee has the burden of proving that the proposed distribution furthers the purposes of the trust, is not expressly prohibited by the terms of the trust, and is in the interests generally of the beneficiaries.
F. This section does not limit a beneficiary's right to bring an action against a trustee for a breach of trust.

Credits

Laws 2021, c. 268, § 10, eff. Nov. 1, 2021.

Footnotes

Title 60, § 170.706.
Title 60, §§ 170.703 and 170.704.
60 Okl. St. Ann. § 175.710, OK ST T. 60 § 175.710
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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