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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) Absent clear and convincing evidence, no settlor of an irrevocable trust may be deemed to be the alter ego of a trustee of such trust.
(b) None of the following factors, by themselves or in combination, may be considered sufficient evidence for a court to conclude that the settlor controls a trustee, or is the alter ego of a trustee of such trust:
(1) Any combination of the factors listed in Section 91-8-1108 regarding dominion and control over a trust;
(2) Isolated occurrences where the settlor has signed checks, made disbursements, or executed other documents related to the trust as a trustee, a trust advisor or a trust protector, when in fact the settlor was not a trustee, trust advisor or trust protector;
(3) Making any requests for distributions on behalf of beneficiaries; or
(4) Making any requests to the trustee to hold, purchase, or sell any trust property.
Cite this article: FindLaw.com - Mississippi Code Title 91. Trusts and Estates § 91-8-1107 - last updated January 01, 2025 | https://codes.findlaw.com/ms/title-91-trusts-and-estates/ms-code-sect-91-8-1107/
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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