Qualified Trustees and Advisors

Checkout our iOS App for a better way to browser and research.

  1. For purposes of this chapter, neither the transferor nor any other natural person who is a nonresident of this state nor an entity that is not authorized by the law of this state to act as a trustee or whose activities are not subject to supervision as provided in § 35-16-102(12)(A) shall be considered a qualified trustee; however, nothing in this chapter shall preclude a transferor from appointing one (1) or more advisors, including, but not limited to:
    1. Advisors who have authority under the terms of the trust instrument to remove and appoint qualified trustees or trust advisors;
    2. Advisors who have authority under the terms of the trust instrument to direct, consent to or disapprove distributions from the trust; and
    3. Investment advisors, whether or not the advisors would meet the requirements imposed by § 35-16-102(12).
  2. For purposes of subsection (a), “advisor” includes a trust “protector” or any other person who, in addition to a qualified trustee, holds one (1) or more trust powers.


Download our app to see the most-to-date content.