Title 9, Civil Code-Ancillaries

0 chapters · 2,355 sections in this title.

2,355 sectionsFiltered byTitle 9

La. Rev. Stat. § 9:2241 General rule
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§2241. General rule The trustee shall select the attorney to handle legal matters relating to the trust. The appointment of an attorney in the trust instrument is not binding on the trustee. Acts 1983, No. 622, §1; Acts 2003, No. 480, §1; Acts 2008, No. 325, §1.
La. Rev. Stat. § 9:2242 Registered agent for service of process
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§2242. Registered agent for service of process A.(1) Any trust created to provide for the payment of settlement of claims or judgments as provided in R.S. 22:46(9)(b) or to pool liabilities as provided in R.S. 23:1195 may appoint a registered agent for service of process. The reg…
La. Rev. Stat. § 9:225 Documents required; attachments
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§225. Documents required; attachments A. An application for a marriage license shall be accompanied by: (1)(a) A certified copy of each party's birth certificate as provided by R.S. 9:226. (b) If the applicant does not have a birth certificate, the applicant shall obtain an order…
La. Rev. Stat. § 9:2251 Severability of provisions of trust instrument
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§2251. Severability of provisions of trust instrument If a provision in the trust instrument is invalid for any reason, the intended trust does not fail, unless the invalid provision cannot be separated from the other provisions without defeating the purpose of the trust.
La. Rev. Stat. § 9:2252 Saving clause
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§2252. Saving clause Trusts heretofore created and any provisions or dispositions therein made shall be governed by the laws in effect at the time of their creation. Unless otherwise provided in the trust instrument, trusts created prior to the effective date of this Code shall b…
La. Rev. Stat. § 9:226 Certified copy of birth certificate; translation to English
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§226. Certified copy of birth certificate; translation to English A. A person born in Louisiana shall submit a certified copy of his birth certificate. A short-form birth certification card shall be acceptable as a certified copy of a birth certificate. B. A person born in a stat…
La. Rev. Stat. § 9:2260.1 Definitions
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§2260.1. Definitions As used in this Chapter: (1) "Adult" means an individual who has attained the age of eighteen years. (2) "Beneficiary" means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual…
La. Rev. Stat. § 9:2260.10 Determination of incapacity; effect
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§2260.10. Determination of incapacity; effect A. The custodial trustee shall administer the custodial trust as for an incapacitated beneficiary in the event of any of the following: (1) The custodial trust was created under R.S. 9:2260.5. (2) The transferor has so directed in the…
La. Rev. Stat. § 9:2260.11 Exemption of third person from liability
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§2260.11. Exemption of third person from liability A third person in good faith and without a court order may act on instructions of, or otherwise deal with, a person purporting to make a transfer as, or purporting to act in the capacity of, a custodial trustee. In the absence of…
La. Rev. Stat. § 9:2260.12 Liability to third person
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§2260.12. Liability to third person A. A claim based on a contract entered into by a custodial trustee acting in a fiduciary capacity, an obligation arising from the ownership or control of custodial trust property, or a tort committed in the course of administering the custodial…
La. Rev. Stat. § 9:2260.13 Declination, resignation, incapacity, death, or removal of custodial trustee; designation of successor custodial trustee
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§2260.13. 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 …
La. Rev. Stat. § 9:2260.14 Expenses, compensation, and bond of custodial trustee
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§2260.14. Expenses, compensation, and bond of custodial trustee Except as otherwise provided in the instrument creating the custodial trust, in an agreement with the beneficiary, or by court order, a custodial trustee: (1) Is entitled to reimbursement from custodial trust propert…
La. Rev. Stat. § 9:2260.15 Reporting and accounting by custodial trustee; determination of liability of custodial trustee
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§2260.15. Reporting and accounting by custodial trustee; determination of liability of custodial trustee A.(1) Upon the acceptance of custodial trust property, the custodial trustee shall provide a written statement describing the custodial trust property and shall thereafter pro…
La. Rev. Stat. § 9:2260.16 Limitations of action against custodial trustee
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§2260.16. Limitations of action against custodial trustee A. Except as provided in Subsection C, unless previously barred by adjudication, consent, or prescription, a claim for relief against a custodial trustee for accounting or breach of duty is barred as to a beneficiary, a pe…
La. Rev. Stat. § 9:2260.17 Distribution on termination
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§2260.17. Distribution on termination A. Upon termination of a custodial trust, the custodial trustee shall transfer the unexpended custodial trust property to one of the following: (1) To the beneficiary, if not incapacitated or deceased. (2) To the curator or other recipient de…
La. Rev. Stat. § 9:2260.18 Methods and forms for creating custodial trusts
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§2260.18. Methods and forms for creating custodial trusts A. If a transaction, including a declaration with respect to or a transfer of specific property, otherwise satisfies applicable law, the criteria of R.S. 9:2260.2 are satisfied by either of the following: (1) The execution…
La. Rev. Stat. § 9:2260.19 Applicable law
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§2260.19. Applicable law A. This Chapter applies to a transfer or declaration creating a custodial trust that refers to this Chapter if, at the time of the transfer or declaration, the transferor, beneficiary, or custodial trustee is a resident of or has its principal place of bu…
La. Rev. Stat. § 9:2260.2 Custodial trust; general
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§2260.2. Custodial trust; general A. A person may create a custodial trust of property by a written transfer of the property to another person, evidenced by registration or by other instrument of transfer, executed in any lawful manner naming as beneficiary an individual, who may…
La. Rev. Stat. § 9:2260.20 Uniformity of application and construction
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§2260.20. Uniformity of application and construction This Chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Chapter among states enacting it. Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
La. Rev. Stat. § 9:2260.21 Short title
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§2260.21. Short title This Chapter may be cited as the "Louisiana Uniform Custodial Trust Act". Acts 1995, No. 655, §1, eff. Jan. 1, 1998.
La. Rev. Stat. § 9:2260.3 Custodial trustee for future payment or transfer
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§2260.3. Custodial trustee for future payment or transfer A. A person having the right to designate the recipient of property payable or transferable upon a future event may create a custodial trust upon the occurrence of the future event by designating in writing the recipient, …
La. Rev. Stat. § 9:2260.4 Form and effect of receipt and acceptance by custodial trustee; jurisdiction
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§2260.4. Form and effect of receipt and acceptance by custodial trustee; jurisdiction A. Obligations of a custodial trustee, including the obligation to follow directions of the beneficiary, arise under this Chapter upon the custodial trustee's acceptance, express or implied, of …
La. Rev. Stat. § 9:2260.5 Transfer to custodial trustee by fiduciary or obligor; facility of payment
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§2260.5. Transfer to custodial trustee by fiduciary or obligor; facility of payment A. Unless otherwise directed by an instrument designating a custodial trustee pursuant to R.S. 9:2260.3, a person, including a fiduciary other than a custodial trustee, who holds property of or ow…
La. Rev. Stat. § 9:2260.6 Multiple beneficiaries; separate custodial trusts; survivorship
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§2260.6. Multiple beneficiaries; separate custodial trusts; survivorship A. Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declarati…
La. Rev. Stat. § 9:2260.7 General duties of custodial trustee
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§2260.7. General duties of custodial trustee A. If appropriate, a custodial trustee shall register or record the instrument vesting title to custodial trust property. B. If the beneficiary is not incapacitated, a custodial trustee shall follow the directions of the beneficiary in…
La. Rev. Stat. § 9:2260.8 General powers of custodial trustee
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§2260.8. General powers of custodial trustee A. A custodial trustee, acting in a fiduciary capacity, has all the rights and powers over custodial trust property which an adult owner has over individually owned property, but a custodial trustee may exercise those rights and powers…
La. Rev. Stat. § 9:2260.9 Use of custodial trust property
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§2260.9. Use of custodial trust property A. A custodial trustee shall pay to the beneficiary or expend for the beneficiary's use and benefit so much or all of the custodial trust property as the beneficiary, while not incapacitated, may direct from time to time. B. If the benefic…
La. Rev. Stat. § 9:2262.1 Definitions
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§2262.1. Definitions A. As used in this Chapter, "foreign trust" shall mean any of the following: (1) A trust which by the terms of the trust instrument is governed by the law of a jurisdiction other than Louisiana. (2) A trust of which the settlor was domiciled in a jurisdiction…
La. Rev. Stat. § 9:2262.2 Recordation of instruments
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§2262.2. Recordation of instruments A. If at any time the trust property of a foreign trust includes immovables or other property in Louisiana the title to which must be recorded in order to affect third persons, a trustee shall file the trust instrument, an extract of trust, or …
La. Rev. Stat. § 9:2262.3 Authority to convey
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§2262.3. Authority to convey The authority of a trustee of a foreign trust or his representative to execute and deliver a conveyance of immovable property situated in Louisiana may be evidenced in any manner that is lawful under the law which the parties have expressly chosen to …
La. Rev. Stat. § 9:2262.4 Form
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§2262.4. Form A trust instrument executed outside this state in the manner prescribed by, and in conformity with, the law of the place of its execution, or the law of the settlor's domicile, at the time of its execution shall be deemed to be legally executed and shall have the sa…
La. Rev. Stat. § 9:2263 Trust for the care of an animal
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§2263. Trust for the care of an animal A. A trust may be created to provide for the care of one or more animals that are in being and ascertainable on the date of the creation of the trust. B. The trust instrument may designate a caregiver for each animal. An animal's caregiver w…
La. Rev. Stat. § 9:227 Certified copy unavailable; other proof
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§227. Certified copy unavailable; other proof A. If no birth certificate is on file for an applicant, a letter signed by the proper registration authority of the state, territory, or country of the place of birth of the applicant, under his raised seal or stamp, shall be submitte…
La. Rev. Stat. § 9:2271 Charitable purpose; beneficiary; conditions
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§2271. Charitable purpose; beneficiary; conditions A charitable trust is created when a person makes a donation inter vivos or mortis causa in trust for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, o…
La. Rev. Stat. § 9:2272 Trustees
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§2272. Trustees The trust instrument may designate the trustee or trustees or provide a method for their designation, including provision for the appointment of additional trustees and successor trustees. If the trust has no trustee or fewer trustees than the instrument requires,…
La. Rev. Stat. § 9:2273 Who may be trustee
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§2273. Who may be trustee Only the following persons may serve as a trustee of a trust established by this Part: (1) A natural person enjoying full capacity to contract who is a citizen or resident alien of the United States. (2) A federally insured depository institution organiz…
La. Rev. Stat. § 9:2274 Application of Louisiana Trust Code
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§2274. Application of Louisiana Trust Code Whenever the law pertaining to charitable trusts is silent, the Louisiana Trust Code shall apply, but no provision of the Louisiana Trust Code or other law shall be applied to invalidate a trust or any provision thereof permitted by this…
La. Rev. Stat. § 9:2275 Trust enforcement
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§2275. Trust enforcement A. Any of the following persons may petition the court to enforce the trust: (1) A settlor or a universal successor of a settlor. (2) A trustee. (3) An institutional beneficiary. (4) A person appointed in the trust instrument for this purpose. (5) The att…
La. Rev. Stat. § 9:2276 Repealed by Acts 2008, No
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§2276. Repealed by Acts 2008, No. 637, §2, eff. Jan. 1, 2009.
La. Rev. Stat. § 9:2277 Repealed by Acts 2008, No
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§2277. Repealed by Acts 2008, No. 637, §2, eff. Jan. 1, 2009.
La. Rev. Stat. § 9:2278 Repealed by Acts 2008, No
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§2278. Repealed by Acts 2008, No. 637, §2, eff. Jan. 1, 2009.
La. Rev. Stat. § 9:2279 Repealed by Acts 2008, No
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§2279. Repealed by Acts 2008, No. 637, §2, eff. Jan. 1, 2009.
La. Rev. Stat. § 9:228 Same; court order waiving birth certificate
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§228. Same; court order waiving birth certificate A. In the event of extenuating circumstances, for good cause shown, and after a hearing, which may be held in camera, finding that the parties have complied with all other requirements, including presentation of the letter require…
La. Rev. Stat. § 9:2280 Repealed by Acts 2008, No
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§2280. Repealed by Acts 2008, No. 637, §2, eff. Jan. 1, 2009.
La. Rev. Stat. § 9:2281 Definition of terms used in R.S
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§2281. Definition of terms used in R.S. 9:2282 As used in R.S. 9:2282, the following words and phrases shall have the meanings ascribed to them in this Section: (1) The term "Trust" shall be limited to express or implied trusts created for educational, charitable or religious pur…
La. Rev. Stat. § 9:2282 Method of transfer of control of educational, charitable or religious trusts; grounds
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§2282. Method of transfer of control of educational, charitable or religious trusts; grounds When a majority of the local beneficiaries of any educational, charitable or religious Trust (all as defined in R.S. 9:2281) shall determine that there exists a deep-seated and irreconcil…
La. Rev. Stat. § 9:2283 Governing instrument; contents
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§2283. Governing instrument; contents A. Notwithstanding any provision in this Section or in the governing instrument to the contrary (except as provided in Subsection C of this Section), the governing instrument of each trust that is a private foundation described in Section 509…
La. Rev. Stat. § 9:229 §§229 to 233 Repealed by Acts 1988, No
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§229. §§229 to 233 Repealed by Acts 1988, No. 345, §2, eff. July 7, 1988; Acts 1988, No. 808, §2, eff. July 18, 1988.
La. Rev. Stat. § 9:2290 Perpetual duration
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§2290. Perpetual duration A charitable trust shall have perpetual duration unless the trust instrument provides otherwise. Acts 2008, No. 637, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 9:2291 Termination of small trust
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§2291. Termination of small trust If the value of the assets of a charitable trust is less than one hundred thousand dollars, the trustees may terminate the charitable trust. In such a case, the trustees shall distribute the trust property to the institutional beneficiaries or, i…