68-806. OTHER TRANSFER BY FIDUCIARY. (1) Subject to subsection (3) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 68-809, Idaho Code, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(2) Subject to subsection (3) of this section, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to section 68-809, Idaho Code.
(3) A transfer under subsection (1) or (2) of this section may be made only if (i) the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor, (ii) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, and (iii) the transfer is authorized by the court if it exceeds ten thousand dollars ($10,000) in value.
History:
[68-806, 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.