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RSA 564-B:8-812 · Collecting Trust Property

Title
LVI: PROBATE COURTS AND DECEDENTS' ESTATES
Chapter
564-B · NEW HAMPSHIRE TRUST CODE
Status
current
Official source linked
Yes
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564-B:8-812 Collecting Trust Property. –

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(a)

A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee.

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(b)

Except as otherwise provided under the terms of the trust, the trustee shall take reasonable steps to redress a breach of trust known to the trustee to have been committed by a cotrustee or a former trustee prior to the trustee's acceptance of trusteeship.

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(c)

Except as otherwise provided under the terms of the trust, the trustee shall take reasonable steps to redress a breach of trust actually known to the trustee to have been committed by a former trust advisor or a former trust protector. This subsection does not impose upon a trustee who is an excluded fiduciary any duty to monitor, duty to advise, or duty to warn as described under RSA 564-B:12-1204.

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(d)

A person who receives a distribution from a trust is liable to return the distribution to the extent that a court subsequently determines that the person was not entitled to the distribution. Source. 2004, 130:1, eff. Oct. 1, 2004. 2014, 195:24, eff. July 1, 2014. 2024, 292:6, eff. Sept. 24, 2024.

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Source note

Source. 2004, 130:1, eff. Oct. 1, 2004. 2014, 195:24, eff. July 1, 2014. 2024, 292:6, eff. Sept. 24, 2024.

Source history

  • 2004, 130:1, eff. Oct. 1, 2004
  • 2014, 195:24, eff. July 1, 2014
  • 2024, 292:6, eff. Sept. 24, 2024

Related materials

Bill relationships

  • 2025 HB88 amend

    housand Twenty Five AN ACT establishing community property trusts. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Article; Article 13 Community Property Trusts. Amend RSA 564-B by inserting after article 12 the following new article: Article 13 Community Property Trusts 564-B:13-1301 Short Title. This article shall be known as the "New Hampshire Community Property Trust Act of 2026."