FIDUCIARY DUTY TO DETERMINE EQUIVALENT VALUE OF SUBSTITUTED PROPERTY.

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68-106A. FIDUCIARY DUTY TO DETERMINE EQUIVALENT VALUE OF SUBSTITUTED PROPERTY. Notwithstanding the terms of a trust instrument, if a grantor has the power to substitute property of equivalent value, a trustee has a fiduciary duty to determine that the substitute property is of equivalent value, prior to allowing the substitution.

History:

[68-106A, added 2011, ch. 35, sec. 1, p. 78.]


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