14-9113. Declination, resignation, incapacity,
death or removal of custodial trustee; designation of successor
custodial trustee
A. Before accepting the custodial trust property, a person designated as custodial
trustee may decline to serve by notifying the person who made the designation, the
transferor or the transferor's legal representative. If an event giving rise to a
transfer has not occurred, the substitute custodial trustee designated under section
14-9103 becomes the custodial trustee or, if a substitute custodial trustee has not been
designated, the person who made the designation may designate a substitute custodial
trustee pursuant to section 14-9103. In other cases, the transferor or the transferor's
legal representative may designate a substitute custodial trustee.
B. A custodial trustee who has accepted the custodial trust property may resign by
doing both of the following:
1. Delivering written notice to a successor custodial trustee, if any, the
beneficiary and, if the beneficiary is incapacitated, to the beneficiary's conservator,
if any.
2. Transferring or registering, or recording an appropriate instrument relating to,
the custodial trust property, in the name of, and delivering the records to, the
successor custodial trustee identified under subsection C of this section.
C. If a custodial trustee or successor custodial trustee is ineligible, resigns,
dies or becomes incapacitated, the successor who is designated under section 14-9102,
subsection G or section 14-9103 becomes the custodial trustee. If there is no effective
provision for a successor, the beneficiary, if not incapacitated, may designate a
successor custodial trustee. If the beneficiary is incapacitated or fails to act within
ninety days after the ineligibility, resignation, death or incapacity of the custodial
trustee, the beneficiary's conservator becomes the successor custodial trustee. If the
beneficiary does not have a conservator or the conservator fails to act, the resigning
custodial trustee may designate a successor custodial trustee.
D. If a successor custodial trustee is not designated pursuant to subsection C of
this section, the transferor, the legal representative of the transferor or of the
custodial trustee, an adult member of the beneficiary's family, the guardian of the
beneficiary, a person interested in the custodial trust property or a person interested
in the welfare of the beneficiary may petition the court to designate a successor
custodial trustee.
E. A custodial trustee who declines to serve or who resigns or the legal
representative of a deceased or incapacitated custodial trustee, as soon as practicable,
shall put the custodial trust property and records in the possession and control of the
successor custodial trustee. The successor custodial trustee may enforce the obligation
to deliver custodial trust property and records and becomes responsible for each item as
received.
F. A beneficiary, the beneficiary's conservator, an adult member of the
beneficiary's family, a guardian of the person of the beneficiary, a person interested in
the custodial trust property or a person interested in the welfare of the beneficiary may
petition the court to remove the custodial trustee for cause and designate a successor
custodial trustee, to require the custodial trustee to furnish a bond or other security
for the faithful performance of fiduciary duties or for other appropriate relief.
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