Title 9, Civil Code-Ancillaries

0 chapters · 2,355 sections in this title.

2,355 sectionsFiltered byTitle 9

La. Rev. Stat. § 9:2149 Receipts from interests in juridical persons
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§2149. Receipts from interests in juridical persons A. Except as otherwise provided in this Section, a trustee shall allocate to income money received on account of an interest in a juridical person. B. A trustee shall allocate to principal the following distributions received on…
La. Rev. Stat. § 9:2150 Obligation to pay money
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§2150. Obligation to pay money A. An amount received as interest, whether determined at a fixed, variable, or floating rate, on an obligation to pay money to the trustee, including an amount received in return for prepaying principal, shall be allocated to income without any prov…
La. Rev. Stat. § 9:2151 Sole proprietorship
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§2151. Sole proprietorship The receipts and expenses of a sole proprietorship shall be allocated in accordance with what is reasonable and equitable in view of the interests of those entitled to income as well as of those entitled to principal. Acts 2020, No. 17, §1, eff. Jan. 1,…
La. Rev. Stat. § 9:2151.1 Insurance contracts
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§2151.1. Insurance contracts A. A trustee shall allocate to principal the proceeds of a life insurance policy in which the trustee is named as beneficiary. B. A trustee shall allocate to principal the proceeds of a contract that insures the trustee against loss for damage to, des…
La. Rev. Stat. § 9:2151.2 Deferred compensation, annuities, and similar payments
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§2151.2. Deferred compensation, annuities, and similar payments A. Payments made in money or other property to a trustee over a period of years or during the life of an individual from an annuity, an individual retirement account, an employee-benefit plan, a pension plan, a profi…
La. Rev. Stat. § 9:2152 Proceeds of mineral interests
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§2152. Proceeds of mineral interests A. To the extent that a trustee accounts for receipts from an interest in mineral rights or other interest in oil, gas, or other minerals pursuant to this Section, the trustee shall allocate them as follows: (1) If received as delay rental or …
La. Rev. Stat. § 9:2153 Timber
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§2153. Timber A. If part of the principal consists of land from which timber may be removed, the receipts from taking the timber from the land shall be allocated in accordance with what is reasonable and equitable in view of the interests of those entitled to income as well as of…
La. Rev. Stat. § 9:2154 Other property subject to depletion
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§2154. Other property subject to depletion A. Except as provided in R.S. 9:2152 and 2153, if the principal consists of property subject to depletion, the receipts shall be allocated in accordance with what is reasonable and equitable in view of the interests of those entitled to …
La. Rev. Stat. § 9:2155 Repealed by Acts 2020, No
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§2155. Repealed by Acts 2020, No. 17, §2, eff. Jan. 1, 2021. Acts 2020, No. 17, §2, eff. Jan. 1, 2021.
La. Rev. Stat. § 9:2156 Charges
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§2156. Charges A. The following charges shall be made against income: (1) Ordinary expenses incurred or accrued in connection with the administration, management, or preservation of the trust property. (2) One-half of court costs, attorney fees, and other fees on periodic account…
La. Rev. Stat. § 9:2156.1 Transfers from income to principal for depreciation
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§2156.1. Transfers from income to principal for depreciation A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation but may not transfer any amount for depreciation during the administration of a suc…
La. Rev. Stat. § 9:2156.2 Income taxes
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§2156.2. Income taxes A. A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income. B. A tax required to be paid by a trustee based on receipts allocated to principal shall be paid from principal, even if the tax is denominated an inco…
La. Rev. Stat. § 9:2157 Repealed by Acts 2020, No
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§2157. Repealed by Acts 2020, No. 17, §2, eff. Jan. 1, 2021.
La. Rev. Stat. § 9:2158 Power to adjust
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§2158. Power to adjust A. A trustee may make an adjustment between principal and income when the interest of one or more beneficiaries is defined by reference to the "income" of a trust, and the trustee determines, after taking into account the allocations for the year under Subp…
La. Rev. Stat. § 9:2159 When the power to adjust is denied
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§2159. When the power to adjust is denied A trustee shall not make an adjustment under R.S. 9:2158: (1) If the existence or exercise of the power to adjust would cause ineligibility for the estate-tax or gift-tax marital deduction or charitable deduction. (2) That diminishes the …
La. Rev. Stat. § 9:2160 Adjustment benefiting trustee
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§2160. Adjustment benefiting trustee A trustee may not make an adjustment under R.S. 9:2158 that benefits himself, directly or indirectly, unless all of the current beneficiaries consent or the proper court authorizes such adjustment after notice to all current beneficiaries. Act…
La. Rev. Stat. § 9:2161 Adjustment beyond percentage limit
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§2161. Adjustment beyond percentage limit A. A court order shall be required in order for the trustee to make an adjustment from principal to income under R.S. 9:2158 if the amount of the adjustment from principal, when added to the amount of the net income of the trust for the y…
La. Rev. Stat. § 9:2162 General provisions regarding court orders affecting adjustments
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§2162. General provisions regarding court orders affecting adjustments A trustee may apply for a court order under R.S. 9:2160 or 2161, or to obtain approval from the court of any other decision to adjust or not to adjust under R.S. 9:2158. The following provisions apply to such …
La. Rev. Stat. § 9:2163 Remedies
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§2163. Remedies If a court determines that a trustee has abused his discretion in making or failing to make an adjustment under R.S. 9:2158, the court shall restore the beneficiaries to the positions they would have occupied if the trustee had not abused his discretion, according…
La. Rev. Stat. § 9:2164 Underproductive property
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§2164. Underproductive property If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the spouse with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from …
La. Rev. Stat. § 9:2171 Individual and corporate trustees
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§2171. Individual and corporate trustees An individual trustee shall furnish security for the faithful performance of his duties, unless the trust instrument dispenses with security. A corporate trustee need not furnish security unless security is required by the trust instrument…
La. Rev. Stat. § 9:2172 Security required by court
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§2172. Security required by court On the application of any interested party, the proper court may compel a trustee to furnish security adequate to protect the interests of a beneficiary even if the trustee is not otherwise required to furnish security.
La. Rev. Stat. § 9:2173 Increasing, diminishing, or dispensing with trustee's security by court
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§2173. Increasing, diminishing, or dispensing with trustee's security by court On the application of any interested party, the proper court may increase, diminish, or dispense with the trustee's security.
La. Rev. Stat. § 9:2181 General rule
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§2181. General rule A trustee is entitled to reasonable compensation from the trust estate for his services as trustee, unless the trust instrument provides otherwise or unless the trustee waives compensation.
La. Rev. Stat. § 9:2182 Effect of breach of trust upon compensation
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§2182. Effect of breach of trust upon compensation If a trustee commits a breach of trust, the proper court in its discretion may deny him all compensation, allow him a reduced compensation, or allow him full compensation.
La. Rev. Stat. § 9:2191 Indemnity for expenses properly incurred
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§2191. Indemnity for expenses properly incurred A trustee is entitled to indemnity from the trust estate for expenses properly incurred by him in the administration of the trust, unless the trust instrument provides otherwise.
La. Rev. Stat. § 9:2192 Indemnity for expenses not properly incurred
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§2192. Indemnity for expenses not properly incurred If an expense is not properly incurred in the administration of a trust, a trustee is entitled to indemnity from the trust estate for such an expense to the extent that he has thereby conferred a benefit upon the trust estate, u…
La. Rev. Stat. § 9:2193 Liability of beneficiary
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§2193. Liability of beneficiary If the trust estate is not sufficient to indemnify a trustee for expenses properly incurred by him in the administration of a trust, a beneficiary shall be personally liable only if the trustee can show an express or implied contract between that b…
La. Rev. Stat. § 9:2194 Charge on beneficiary's interest
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§2194. Charge on beneficiary's interest If a beneficiary is liable to a trustee as such, his interest in the trust estate is subject to a charge for the amount of his liability; but a trustee is not entitled to a charge on a beneficiary's interest in the trust estate to secure a …
La. Rev. Stat. § 9:2195 Charge on beneficiary's interest; advance or loan of trust money
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§2195. Charge on beneficiary's interest; advance or loan of trust money If a trustee makes an advance or loan of trust money to a beneficiary, the beneficiary's interest is subject to a charge for the repayment of the amount advanced or lent.
La. Rev. Stat. § 9:2196 Indemnity for tort liability
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§2196. Indemnity for tort liability A. A trustee who has incurred personal liability for a tort committed in the administration of the trust is entitled to indemnity from the trust estate if: (1) The tort was a common incident of the kind of business activity in which the trustee…
La. Rev. Stat. § 9:2201 General rule
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§2201. General rule If a trustee commits a breach of trust he shall be chargeable with: (1) A loss or depreciation in value of the trust estate resulting from a breach of trust; or (2) A profit made by him through breach of trust; or (3) A profit that would have accrued to the tr…
La. Rev. Stat. § 9:2202 Loss not resulting from breach of trust
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§2202. Loss not resulting from breach of trust A trustee is not liable to a beneficiary for a loss or depreciation in value of the trust property, or for a failure to make a profit not resulting from a breach of trust.
La. Rev. Stat. § 9:2203 Balancing losses against gains
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§2203. Balancing losses against gains A trustee who is liable for a loss occasioned by one breach of trust cannot reduce the amount of his liability by deducting the amount of a gain that has accrued through another distinct breach of trust; but if the two breaches of trust are n…
La. Rev. Stat. § 9:2204 Liability of successor trustee
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§2204. Liability of successor trustee A trustee shall not be liable to a beneficiary for a breach of trust committed by a predecessor trustee, unless he: (1) Knows or should know of a situation constituting a breach of trust committed by his predecessor and improperly permits it …
La. Rev. Stat. § 9:2205 Liability of co-trustee
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§2205. Liability of co-trustee A trustee shall not be liable to a beneficiary for a breach of trust committed by a co-trustee, unless he: (1) Participates in a breach of trust committed by his co-trustee; (2) Delegates improperly the administration of the trust to his co-trustee;…
La. Rev. Stat. § 9:2206 Relief from liability by trust instrument
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§2206. Relief from liability by trust instrument A. The trust instrument may relieve the trustee from liability, except as provided in Sub-sections B and C of this section. B. A provision in the trust instrument is not effective to relieve the trustee from liability for breach of…
La. Rev. Stat. § 9:2207 Relief from liability by beneficiary
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§2207. Relief from liability by beneficiary A beneficiary who is acting with knowledge of the material facts and whose action is not improperly induced by the conduct of a trustee may, by written instrument delivered to a trustee, relieve a trustee from liabilities that otherwise…
La. Rev. Stat. § 9:2208 Relief from liability by proper court
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§2208. Relief from liability by proper court The proper court for cause shown and upon notice to an interested beneficiary may excuse a trustee wholly or partly from liability for a breach of trust if the trustee acted honestly and reasonably.
La. Rev. Stat. § 9:221 Authority to issue marriage license
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§221. Authority to issue marriage license A. A license authorizing an officiant to perform a marriage ceremony must be issued by: (1) The state registrar of vital records, or a judge of the city court, in the Parish of Orleans; (2) The clerk of court, in any other parish; or (3) …
La. Rev. Stat. § 9:222 Place of issuance
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§222. Place of issuance A marriage license may be issued in any parish, regardless of where the ceremony is to be performed or the parties reside. Acts 1990, No. 81, §1.
La. Rev. Stat. § 9:2221 Remedies against trustee
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§2221. Remedies against trustee A beneficiary of a trust may institute an action: (1) To compel a trustee to perform his duties as trustee; (2) To enjoin a trustee from committing a breach of trust; (3) To compel a trustee to redress a breach of trust; (4) To remove a trustee.…
La. Rev. Stat. § 9:2222 Remedies against third persons
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§2222. Remedies against third persons A trustee is the proper plaintiff to sue to enforce a right of the trust estate, except that a beneficiary may sue to enforce such a right, in order to protect his own interest, in an action against: (1) A trustee and an obligor, if the trust…
La. Rev. Stat. § 9:223 Form
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§223. Form A. An application for a marriage license shall be made on a form provided by Subsection B of this Section. B. The application form shall be as follows: Application for Marriage __________________(Parish), State of Louisiana Date of Application: Hour of Application: GRO…
La. Rev. Stat. § 9:2231 Causes of action; procedure
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§2231. Causes of action; procedure If a cause or right of action accrues to a beneficiary against a trustee or a settlor or both, to a trustee against a beneficiary or a settlor or both, or to a settlor against a beneficiary or a trustee or both, the action may be by summary proc…
La. Rev. Stat. § 9:2232 Injunctive relief
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§2232. Injunctive relief If irreparable injury, loss, or damage will otherwise result, the injunctive relief authorized by Articles 3601 through 3613 of the Code of Civil Procedure may be granted to a beneficiary as against a trustee or a settlor or both, to a trustee against a b…
La. Rev. Stat. § 9:2233 Instructions
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§2233. Instructions A. A trustee, a beneficiary, or a settlor in an ordinary or a summary proceeding may apply to the proper court for instructions concerning the trust instrument, the interpretation of the instrument, or the administration of the trust. An order of a proper cour…
La. Rev. Stat. § 9:2234 Prescription
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§2234. Prescription A. An action for damages by a beneficiary against a trustee for any act, omission, or breach of duty shall be brought within two years of the date that the trustee renders, by actual delivery or mail to the beneficiary, or if the beneficiary lacks legal capaci…
La. Rev. Stat. § 9:2235 Proper court
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§2235. Proper court The proper court for an action under this Chapter shall be determined as follows: A.(1) In the case of an inter vivos trust, the proper court shall be the district court of any parish that the trust instrument effectively designates as the proper court. (2) If…
La. Rev. Stat. § 9:224 Application; information required
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§224. Application; information required A. The application for a marriage license provided by R.S. 9:223, and containing all of the following information, shall be sworn to and signed by both parties before a notary public, deputy clerk, or deputy registrar: (1) The date and hour…