1998 Legislation
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SENATE BILL NO. 1333 – Trustees, appointment

SENATE BILL NO. 1333

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Daily Data Tracking History



S1333................................................by JUDICIARY AND RULES
TRUSTEES - Adds to existing law to provide for the appointment of a trustee
and issuance of letters of trusteeship.

01/26    Senate intro - 1st rdg - to printing
01/27    Rpt prt - to Jud
02/09    Rpt out - rec d/p - to 2nd rdg
02/10    2nd rdg - to 3rd rdg
02/17    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Stennett, Sweeney,
      Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Sorensen
    Floor Sponsor - Riggs
    Title apvd - to House
02/18    House intro - 1st rdg - to Jud
03/06    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 63-1-6
      AYES -- Barraclough, Barrett, Bell, Bieter, Bivens, Black(15),
      Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
      Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
      Gould, Hadley, Henbest, Hornbeck, Jaquet, Jones(22), Jones(20), Judd,
      Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Miller, Mortensen,
      Pischner, Pomeroy, Reynolds, Richman, Robison, Sali, Schaefer,
      Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman, Trail, Watson,
      Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Alltus
      Absent and excused -- Crow, Hansen, Jones(9), Newcomb, Ridinger,
      Tippets
    Floor Sponsor - Judd
    Title apvd - to Senate
03/13    To enrol
03/16    Rpt enrol - Pres signed
03/16    Sp signed
03/17    To Governor
03/18    Governor signed
         Session Law Chapter 80
         Effective: 07/01/98

Bill Text


S1333


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1333

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE APPOINTMENT OF TRUSTEES AND ISSUANCE OF  LETTERS  OF  TRUSTEE-
 3        SHIP; AMENDING PART 4, CHAPTER 7, TITLE 15, IDAHO CODE, BY THE ADDITION OF
 4        A  NEW  SECTION 15-7-403, IDAHO CODE, TO PROVIDE THAT, UPON APPLICATION, A
 5        TRUSTEE MAY BE APPOINTED AND LETTERS OF TRUSTEESHIP ISSUED AND TO DESCRIBE
 6        THE CONTENTS OF THE APPLICATION.

 7    Be It Enacted by the Legislature of the State of Idaho:

 8        SECTION 1.  That Part 4, Chapter 7, Title 15, Idaho Code, be, and the same
 9    is hereby amended by the addition thereto of a  NEW SECTION , to be
10    known and designated as Section 15-7-403, Idaho Code, and to read as follows:

11        15-7-403.  APPOINTMENT OF TRUSTEE AND LETTERS OF TRUSTEESHIP. Upon  appli-
12    cation  to  the  court in which the trust is registered in the state of Idaho,
13    and upon hearing after notice to all interested parties, the court may appoint
14    the trustee as such (or as successor trustee, if applicable). Upon  filing  of
15    an  acceptance of the duties of the office of trustee by the trustee, contain-
16    ing the oath of the trustee to the effect that the trustee  will  perform  the
17    duties  of  his  office  according to the law, letters of trusteeship shall be
18    issued, evidencing the authority of the trustee. Such letters may be  recorded
19    in  the  office of the county recorder in any county in which property held by
20    the trust is located and, from the time of filing of such letters for  record,
21    notice  is imparted to all persons of the contents of such letters of trustee-
22    ship. The application to the court shall contain at least the following:
23        (1)  A statement of the interest of the applicant in the matter, including
24    the priority of the person whose appointment is sought and a statement of  the
25    names and addresses and priority for appointment of any other persons having a
26    prior or equal right to the appointment under law or the terms of the trust;
27        (2)  A description of the trust;
28        (3)  A  statement  identifying  and indicating the address of any existing
29    trustee of the trust whose appointment has not been terminated;
30        (4)  The name and address of the person or entity for whom appointment  is
31    sought;
32        (5)  A statement identifying and indicating the address of all current and
33    contingent  beneficiaries of the trust, and the ages of any such beneficiaries
34    that are minors;
35        (6)  A statement that a copy of the trust is either in the  possession  of
36    the  court  or  accompanies the application, or that copies of portions of the
37    trust accompany the application showing:
38        (a)  The grantor and original trustee of the trust,
39        (b)  Any language regarding the appointment of an  original  or  successor
40        trustee, including any limitations thereon,
41        (c)  The signature page(s) of the trust,
42        (d)  Any  amendments  to  the  trust which relate to the appointment of an
43        original or successor trustee, including any limitations thereon;


                                      2

 1        (7)  A statement that, after the exercise  of  reasonable  diligence,  the
 2    applicant is unaware of any instrument revoking the trust;
 3        (8)  If  the  application  is  for  appointment  of a successor trustee, a
 4    statement of the method of termination of the appointment of the prior trustee
 5    and the effective date thereof and  that  copies  of  any  documents  relating
 6    thereto are in the possession of the court or accompany the application.

Statement of Purpose / Fiscal Impact


    





    j  
    
                            STATEMENT OF PURPOSE
    
    Current Idaho law contains no express provisions for issuance 
    of letters of trusteeship, evidencing the power and authority 
    of the trustee, and any limitations thereon. Especially in the 
    case of successor trustees, this makes it difficult for the 
    trustee to convince others of the authority of the trustee to 
    act on behalf of the trust. This bill provides for such letters 
    and describes the application necessary to obtain such letters.
    
                                FISCAL NOTE
    
    This bill should have no fiscal impact. It is possible that the 
    number of legal actions involving trustees would be lowered, 
    and that trusts would be run more efficiently, thereby reducing 
    general costs of the court system.CONTACT: Robert L. Aldridge 1209 North Eighth Street Boise, 
    Idaho 83702-4297 Telephone: (208) 336-9880 Fax: (208) 
    336-9882 e-mail:roberta@micron.net 
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    Bill No S1333