11.98B.090  <<  11.98B.100 >>   11.98B.110

No duty to monitor, inform, or advise trust director or trustee. (Effective January 1, 2021.)

(1) Unless the terms of a trust provide otherwise:
(a) A trustee does not have a duty to:
(i) Monitor a trust director; or
(ii) Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and
(b) By taking an action described in (a) of this subsection, a trustee does not assume the duty excluded by (a) of this subsection.
(2) Unless the terms of a trust provide otherwise:
(a) A trust director does not have a duty to:
(i) Monitor a trustee or another trust director; or
(ii) Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and
(b) By taking an action described in (a) of this subsection, a trust director does not assume the duty excluded by (a) of this subsection.
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