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Current as of January 01, 2025 | Updated by Findlaw Staff
1. Application to court. On application of an authorized fiduciary, a person entitled to notice under section 1207, subsection 3, a beneficiary or, with respect to a charitable interest, the Attorney General, the court may:
A. Provide instructions to the authorized fiduciary regarding whether a proposed exercise of the decanting power is permitted under this Act and consistent with the fiduciary duties of the authorized fiduciary;
B. Appoint a special fiduciary and authorize the special fiduciary to determine whether the decanting power should be exercised under this Act and to exercise the decanting power;
C. Approve an exercise of the decanting power;
D. Determine that a proposed or attempted exercise of the decanting power is ineffective because:
(1) After applying section 1221, the proposed or attempted exercise does not or did not comply with this Act; or
(2) The proposed or attempted exercise would be or was an abuse of the fiduciary's discretion or a breach of fiduciary duty;
E. Determine the extent to which section 1221 applies to a prior exercise of the decanting power;
F. Provide instructions to the trustee regarding the application of section 1221 to a prior exercise of the decanting power; or
G. Order other relief to carry out the purposes of this Act.
2. Court approval. On application of an authorized fiduciary, the court may approve:
A. An increase in the fiduciary's compensation under section 1215; or
B. A modification under section 1217 of a provision granting a person the right to remove or replace the fiduciary.
Cite this article: FindLaw.com - Maine Revised Statutes Title 18-B. Trusts § 1208. Court involvement - last updated January 01, 2025 | https://codes.findlaw.com/me/title-18-b-trusts/me-rev-st-tit-18-b-sect-1208/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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