456.2-202. Jurisdiction over trustee and beneficiary. - Missouri Statutes

Jurisdiction over trustee and beneficiary.

456.2-202. 1. By accepting the trusteeship of a trust having itsprincipal place of administration in this state or by moving the principalplace of administration to this state, the trustee submits personally tothe jurisdiction of the courts of this state regarding the administrationof the trust during any period that the principal place of administrationis located in this state.

2. With respect to their interests in the trust, the beneficiaries ofa trust having its principal place of administration in this state aresubject to the jurisdiction of the courts of this state regarding anyproceeding involving the administration of the trust. By accepting adistribution from such a trust, the recipient submits personally to thejurisdiction of the courts of this state regarding any proceeding involvingthe administration of the trust.

3. A judicial proceeding involving a trust may relate to any matterinvolving the trust's administration, including, but not limited to aproceeding to:

(1) request instructions or declare rights;

(2) approve a nonjudicial settlement;

(3) interpret or construe the terms of the trust;

(4) determine the validity of a trust or of any of its terms;

(5) approve a trustee's report or accounting or compel a trustee toreport or account;

(6) direct a trustee to refrain from performing a particular act orgrant to a trustee any necessary or desirable power;

(7) review the actions of a trustee, including the exercise of adiscretionary power;

(8) accept the resignation of a trustee;

(9) appoint or remove a trustee;

(10) determine a trustee's compensation;

(11) determine the liability of a trustee for an action relating tothe trust and compel redress of a breach of trust by any available remedy;

(12) modify or terminate a trust;

(13) combine trusts or divide a trust;

(14) determine liability of a trust for debts of a beneficiary andliving settlor;

(15) approve employment and compensation of agents;

(16) determine the propriety of investments or of principal andincome allocations;

(17) ascertain the identity of trust beneficiaries or the respectivebeneficial interests of trust beneficiaries;

(18) release of trust registration or change of the trust's principalplace of administration;

(19) determine the timing and quantity of distributions anddispositions of assets;

(20) determine the validity and effect of alienations bybeneficiaries, by exercise of powers of appointment or otherwise; or

(21) appoint a representative for a beneficiary.

4. This section does not preclude other methods of obtainingjurisdiction over a trustee, beneficiary, or other person receivingproperty from the trust.

(L. 2004 H.B. 1511)

Effective 1-01-05