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Section 130.005 - UTC 102. Scope. - (2) This chapter does not apply to: (a) A trust...
Section 130.010 - UTC 103. Definitions. - (1) "Ascertainable standard" means an ascertainable standard relating to an...
Section 130.015 - UTC 104. Knowledge. - (a) Has actual knowledge of the fact; (b) Has received...
Section 130.020 - UTC 105. Default and mandatory rules. - (2) Except as provided in subsection (3) of this section,...
Section 130.022 - UTC 108. Principal place of administration. - (a) A trustee’s principal place of business is located in...
Section 130.030 - UTC 107. Governing law. - (1) The law of the state, country or other jurisdiction...
Section 130.035 - UTC 109. Methods of giving notice; waiver of notice. - (2) If any provision of this chapter requires that a...
Section 130.040 - UTC 110. Other persons treated as qualified beneficiaries. - (2) A person appointed to enforce a trust created for...
Section 130.045 - UTC 111. Nonjudicial settlement agreements. - (a) Any settlor of a trust who is living; (b)...
Section 130.050 - UTC 201. Role of court in administration of trust. - (2) A trust is not subject to continuing judicial supervision...
Section 130.055 - UTC 202. Jurisdiction over trustee and beneficiary. - (2) The beneficiaries of a trust having its principal place...
Section 130.065 - UTC 204. Venue. - (2) If a trust is created by will and the...
Section 130.100 - UTC 301. Representation; basic effect. - (2) The consent of a person who may represent and...
Section 130.110 - UTC 303. Representation by fiduciaries and parents. - (1) A conservator may represent and bind the estate that...
Section 130.120 - UTC 305. Appointment of special representative. - (2) A special representative may act on behalf of the...
Section 130.150 - UTC 401. Methods of creating trust. - (a) By transfer of property to another person as trustee...
Section 130.155 - UTC 402. Requirements for creation. - (a) The settlor has capacity to create a trust. (b)...
Section 130.160 - UTC 403. Trusts created in other states, countries or jurisdictions. - (1) The settlor was domiciled, had a place of abode...
Section 130.170 - UTC 405. Charitable trusts; enforcement. - (a) Expressly designates one or more charitable organizations, or one...
Section 130.185 - UTC 408. Pet trust. - (2) A trust authorized by this section may be enforced...
Section 130.190 - UTC 409. Noncharitable trust without ascertainable beneficiary. - (1) A trust may be created for a noncharitable purpose...
Section 130.193 - Stewardship trust. - (2) A stewardship trust may hold an ownership interest of...
Section 130.195 - UTC 410. Modification or termination of trust; proceedings for approval or disapproval. - (a) To the extent the trust is revoked or expires...
Section 130.200 - UTC 411. Modification or termination of irrevocable trust by consent. - (a) An agent or attorney-in-fact under a power of attorney...
Section 130.205 - UTC 412. Modifications or termination because of unanticipated circumstances or inability to administer trust effectively. - (2) The court may modify the administrative terms of a...
Section 130.210 - UTC 413. Cy pres. - (a) The trust does not fail, in whole or in...
Section 130.215 - UTC 414. Modification or termination of uneconomic trust. - (2) The court may modify or terminate a trust, or...
Section 130.230 - UTC 417. - (a) Combine two or more trusts into a single trust...
Section 130.232 - Division of trust into separate shares or portions; legal effect. - (a) A separate share of a trust comes into existence...
Section 130.235 - In terrorem clause. - (2) The court shall not enforce an in terrorem clause...
Section 130.237 - Abatement due to insufficiency of trust property. - (2) If the trust instrument expresses an order of abatement,...
Section 130.240 - Marital deduction gifts. - (a) "Marital deduction" means the federal estate tax deduction allowed...
Section 130.305 - UTC 502. Spendthrift provision. - (2) A term of a trust providing that the interest...
Section 130.310 - UTC 503. Exceptions to spendthrift provisions. - (2) Even if a trust contains a spendthrift provision, the...
Section 130.315 - UTC 505. Creditor’s claim against settlor. - (a) During the lifetime of the settlor, the property of...
Section 130.350 - Statute of limitations. - (2) ORS 130.350 to 130.450 apply only if: (a) A...
Section 130.355 - Commencement of proceeding. - (a) The settlor’s name, the settlor’s date of birth, the...
Section 130.360 - Limitation on presentation of claims when notice to claimants given. - (1) Four months after the date of first publication of...
Section 130.365 - Publication of notice. - (1) The name of the settlor; (2) The name of...
Section 130.370 - Notice to individual claimants. - (2) The notice required by this section must include: (a)...
Section 130.375 - Form of claim; evidence in support. - (a) Be in writing. (b) Describe the nature and the...
Section 130.380 - Claim based on debt due or judgment. - (2) If a judgment was entered on a claim prior...
Section 130.390 - Claim on secured debt that is due. - (2) If the claim is presented under this section, the...
Section 130.395 - Claim on contingent or unliquidated debt. - (2) If a contingent or unliquidated debt does not become...
Section 130.400 - Allowance and disallowance of claims. - (2) A claim presented to a trustee under ORS 130.350...
Section 130.425 - Priority of claims. - (a) Expenses of administering the trust estate. (b) Expenses of...
Section 130.435 - Applicability of time limitations to certain claims based on liens against property and liability of settlor or trustee. - (1) Any proceeding to enforce a mortgage, pledge or other...
Section 130.440 - Petition to close case. - (2) Upon the filing of the petition to close the...
Section 130.445 - Dismissal for want of prosecution. - (2) If an application for a continuance is not made...
Section 130.450 - Consolidation of proceedings. - (1) Order a joint hearing or trial on the common...
Section 130.500 - UTC 601. Revocable trusts generally. - (2) A revocable trust remains a revocable trust for the...
Section 130.505 - UTC 602. Revocation or amendment of revocable trust. - (2) Unless the trust expressly provides otherwise, if a revocable...
Section 130.510 - UTC 603. Settlor’s powers; powers of withdrawal. - (2) The rights of the beneficiaries with respect to property...
Section 130.515 - UTC 604. Limitation on action contesting validity of revocable trust; distribution of trust property. - (a) Three years after the settlor’s death; or (b) Four...
Section 130.518 - Creditor protections retained upon conveyance of property held as tenants by the entirety to revocable trust. - (a) The spouses remain married to each other; (b) The...
Section 130.525 - Applicability of ORS 130.530, 130.535 and 130.540 to 130.575. - (a) That comes into existence during the settlor’s lifetime; and...
Section 130.535 - Revocation by divorce or annulment. - (a) Revokes all provisions of the trust in favor of...
Section 130.545 - Encumbrance or disposition of property after trust instrument executed. - (1) A disposition of a portion of property that is...
Section 130.555 - Children of settlors; pretermitted children. - (2) If a settlor has one or more children living...
Section 130.560 - Failure of specific distribution. - (a) The trust instrument provides that the specific distribution fails...
Section 130.575 - Effect of advancement on distribution. - (2) For the purpose of determining the shares of the...
Section 130.600 - UTC 701. Acceptance or rejection of trusteeship. - (a) By substantially complying with a method of acceptance provided...
Section 130.605 - UTC 702. Trustee’s bond. - (2) The court may specify the amount and terms of...
Section 130.610 - UTC 703. Cotrustees. - (2) If a vacancy occurs in a cotrusteeship, the remaining...
Section 130.615 - UTC 704. Vacancy in trusteeship; appointment of successor. - (a) A person designated as trustee rejects the trusteeship; (b)...
Section 130.620 - UTC 705. Resignation of trustee. - (a) After at least 30 days’ notice to the qualified...
Section 130.625 - UTC 706. Removal of trustee. - (2) A court may remove a trustee if the court...
Section 130.630 - UTC 707. Delivery of property by former trustee; report. - (2) A trustee who has resigned or been removed shall...
Section 130.635 - UTC 708. Compensation of trustee. - (2) If the terms of a trust specify the trustee’s...
Section 130.640 - UTC 709. Reimbursement of expenses. - (a) Expenses that were properly incurred in the administration of...
Section 130.650 - UTC 801. Duty to administer trust. - (2) A trustee is not required to object to a...
Section 130.655 - UTC 802. Duty of loyalty. - (2) Subject to the rights of persons dealing with or...
Section 130.680 - UTC 807. Delegation by trustee. - (a) Selecting an agent; (b) Establishing the scope and terms...
Section 130.685 - UTC 808. Powers to direct. - (2) If the terms of a trust confer upon a...
Section 130.695 - UTC 810. Recordkeeping and identification of trust property. - (2) A trustee shall keep trust property separate from the...
Section 130.710 - UTC 813. Duty to inform and report. - (2)(a) Upon request of a qualified beneficiary, a trustee shall...
Section 130.715 - UTC 814. Discretionary powers; tax savings; inclusion of capital gains in income. - (2) Subject to subsection (4) of this section, and unless...
Section 130.720 - UTC 815. General powers of trustee. - (a) All powers over the trust property that an unmarried...
Section 130.725 - UTC 816. Specific powers of trustee. - (1) Collect trust property and accept or reject additions to...
Section 130.730 - UTC 817. When interest of beneficiary vests; distribution upon termination. - (2) Unless a will or trust clearly indicates a contrary...
Section 130.733 - Notice of proposed trustee action to beneficiaries; right of beneficiary to object. - (2) The right of a beneficiary receiving a notice of...
Section 130.735 - Appointment of adviser; liability of trustee. - (2) If a trust instrument provides that a trustee is...
Section 130.750 - Trustee’s duty to comply with prudent investor rule. - (2) The prudent investor rule is a default rule that...
Section 130.755 - Prudent investor rule. - (2) A trustee’s investment and management decisions respecting individual assets...
Section 130.800 - UTC 1001. Remedies for breach of trust. - (2) To remedy a breach of trust that has occurred...
Section 130.805 - UTC 1002. Damages for breach of trust. - (a) The amount of damages caused by the breach; (b)...
Section 130.810 - UTC 1003. Damages in absence of breach. - (2) Unless there is a breach of trust, a trustee...
Section 130.820 - UTC 1005. Limitation of action against trustee. - (2) A beneficiary may not commence a proceeding against a...
Section 130.835 - UTC 1008. Exculpation of trustee. - (a) Relieves the trustee of liability for breach of trust...
Section 130.840 - UTC 1009. Beneficiary’s consent, release or ratification. - (1) The consent, release or ratification of the beneficiary was...
Section 130.845 - UTC 1010. Limitation on personal liability of trustee. - (2) A trustee is personally liable for torts committed in...
Section 130.850 - UTC 1011. Interest as general partner. - (2) Except as otherwise provided in subsection (3) of this...
Section 130.855 - UTC 1012. Protection of person dealing with trustee. - (2) A person other than a beneficiary who deals with...
Section 130.860 - UTC 1013. Certification of trust. - (2) The certification of trust shall contain the following information:...
Section 130.900 - Uniformity of application and construction. - Note: 130.900 to 130.910 were enacted into law by the...
Section 130.905 - UTC 1102. Electronic records and signatures. - Note: See note under 130.900.
Section 130.910 - UTC 1106. Application. - (a) ORS chapter 130 applies to all trusts created before,...