68-1317. DISTRIBUTION ON TERMINATION. (1) Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property:
(a) To the beneficiary, if not incapacitated or deceased;
(b) To the conservator or other recipient designated by the court for an incapacitated beneficiary; or
(c) Upon the beneficiary’s death, in the following order:
(i) As last directed in a writing signed by the deceased beneficiary while not incapacitated and received by the custodial trustee during the life of the deceased beneficiary;
(ii) To the survivor of multiple beneficiaries if survivorship is provided for pursuant to section 68-1306, Idaho Code;
(iii) As designated in the instrument creating the custodial trust; or
(iv) To the estate of the deceased beneficiary.
(2) If, when the custodial trust would otherwise terminate, the distributee is incapacitated, the custodial trust continues for the use and benefit of the distributee as beneficiary until the incapacity is removed or the custodial trust is otherwise terminated.
(3) Death of the beneficiary does not terminate the power of the custodial trustee to discharge obligations of the custodial trustee or beneficiary incurred before the termination of the custodial trust.
History:
[68-1317, added 1989, ch. 230, sec. 1, p. 556.]
Structure Idaho Code
Title 68 - TRUSTS AND FIDUCIARIES
Chapter 13 - IDAHO UNIFORM CUSTODIAL TRUST ACT
Section 68-1301 - DEFINITIONS.
Section 68-1302 - CUSTODIAL TRUST — GENERAL.
Section 68-1303 - CUSTODIAL TRUSTEE FOR FUTURE PAYMENT OR TRANSFER.
Section 68-1304 - FORM AND EFFECT OF RECEIPT AND ACCEPTANCE BY CUSTODIAL TRUSTEE — JURISDICTION.
Section 68-1305 - TRANSFER TO CUSTODIAL TRUSTEE BY FIDUCIARY OR OBLIGOR — FACILITY OF PAYMENT.
Section 68-1306 - MULTIPLE BENEFICIARIES — SEPARATE CUSTODIAL TRUSTS — SURVIVORSHIP.
Section 68-1307 - GENERAL DUTIES OF CUSTODIAL TRUSTEE.
Section 68-1308 - GENERAL POWERS OF CUSTODIAL TRUSTEE.
Section 68-1309 - USE OF CUSTODIAL TRUST PROPERTY.
Section 68-1310 - DETERMINATION OF INCAPACITY — EFFECT.
Section 68-1311 - EXEMPTION OF THIRD PERSON FROM LIABILITY.
Section 68-1312 - LIABILITY TO THIRD PERSON.
Section 68-1314 - EXPENSES, COMPENSATION AND BOND OF CUSTODIAL TRUSTEE.
Section 68-1316 - LIMITATIONS OF ACTION AGAINST CUSTODIAL TRUSTEE.
Section 68-1317 - DISTRIBUTION ON TERMINATION.
Section 68-1318 - METHODS AND FORMS FOR CREATING CUSTODIAL TRUSTS.
Section 68-1319 - APPLICABLE LAW.
Section 68-1320 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.