68-805. TRANSFER AUTHORIZED BY WILL OR TRUST. (1) A personal representative or trustee may make an irrevocable transfer pursuant to section 68-809, Idaho Code, to a custodian for the benefit of a minor as authorized in the governing will or trust.
(2) If the testator or settlor has nominated a custodian under section 68-803, Idaho Code, to receive the custodial property, the transfer must be made to that person.
(3) If the testator or settlor has not nominated a custodian under section 68-803, Idaho Code, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under section 68-809(1), Idaho Code.
History:
[68-805, added 1984, ch. 152, sec. 2, p. 359.]
Structure Idaho Code
Title 68 - TRUSTS AND FIDUCIARIES
Chapter 8 - TRANSFERS TO MINORS
Section 68-802 - SCOPE AND JURISDICTION.
Section 68-803 - NOMINATION OF CUSTODIAN.
Section 68-804 - TRANSFER BY GIFT OR EXERCISE OF POWER OF APPOINTMENT.
Section 68-805 - TRANSFER AUTHORIZED BY WILL OR TRUST.
Section 68-806 - OTHER TRANSFER BY FIDUCIARY.
Section 68-807 - TRANSFER BY OBLIGOR.
Section 68-808 - RECEIPT FOR CUSTODIAL PROPERTY.
Section 68-810 - SINGLE CUSTODIANSHIP.
Section 68-811 - VALIDITY AND EFFECT OF TRANSFER.
Section 68-812 - CARE OF CUSTODIAL PROPERTY.
Section 68-813 - POWERS OF CUSTODIAN.
Section 68-814 - USE OF CUSTODIAL PROPERTY.
Section 68-815 - CUSTODIAN’S EXPENSES, COMPENSATION, AND BOND.
Section 68-816 - EXEMPTION OF THIRD PERSON FROM LIABILITY.
Section 68-817 - LIABILITY TO THIRD PERSONS.
Section 68-819 - ACCOUNTING BY AND DETERMINATION OF LIABILITY OF CUSTODIAN.
Section 68-820 - TERMINATION OF CUSTODIANSHIP.
Section 68-821 - APPLICABILITY.
Section 68-822 - EFFECT ON EXISTING CUSTODIANSHIPS.
Section 68-823 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.