Regular Session 2017-2018 Senate Bill 1115 P.N. 2123

PRINTER'S NO. 2123

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1115

Session of

2018

INTRODUCED BY BROWNE, OCTOBER 17, 2018

REFERRED TO JUDICIARY, OCTOBER 17, 2018

AN ACT

Amending Title 20 (Decedents, Estates and Fiduciaries) of the

Pennsylvania Consolidated Statutes, in administration and

personal representatives, providing for different duties and

liabilities of personal representatives; in incapacitated

persons, further providing for provisions concerning powers,

duties and liabilities; in powers of attorney, further

providing for durable powers of attorney and for liability

for refusal to accept power of attorney and providing for

judicial relief; in limitations on exercise of trustee powers

and powers of beneficiaries to appoint trustees, further

providing for certain trustee powers not exercisable; in

powers of appointment, providing for creditors' rights; and,

in trusts, further providing for cotrustees - UTC 703, for

powers to direct - UTC 808 and for duty to inform and report.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 20 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 3327.1. Different duties and liabilities of personal

representatives.

A will may assign different duties and different standards of

care to different personal representatives and may limit the

liability of a personal representative who acts upon the

direction of another personal representative to whom a duty is

exclusively given by the will or who complies with the veto of

another personal representative to whom a power to veto is

exclusively given by the will. In such a situation, the rules of

section 7763(i) (relating to cotrustees - UTC 703) shall apply.

Section 2. Section 5521 of Title 20 is amended by adding

subsections to read:

§ 5521. Provisions concerning powers, duties and liabilities.

* * *

(b.1) (Reserved).

(b.2) Powers of guardian of the estate with further court

approval.--A guardian of the estate of an incapacitated person

may have the following powers only with further court

authorization or confirmation:

(1) Continue any business in which the incapacitated

person has an ownership interest, for the benefit of the

incapacitated person's estate, after the court gives due

regard to the order of appointment and any other factor

deemed relevant, and aided by the report of a master if

necessary. An order by the court under this paragraph may be

with or without notice. If prior notice is not given to all

parties in interest, it shall be given within five days after

the order or within such extended time as the court, for

cause shown, shall allow. Any party in interest may, at any

time, petition the court to revoke or modify the order. The

order may provide:

(i) for the conduct of business by the guardian of

the estate alone or jointly with others, or as a

corporation, partnership, limited liability company or

other entity to be formed;

(ii) the extent of the liability of the estate or

20180SB1115PN2123 - 2 -

any part thereof, or of the guardian of the estate, for

obligations incurred in the continuation of the business;

(iii) whether liabilities incurred in the conduct of

the business are to be chargeable solely to the part of

the estate set aside for use in the business or to the

estate as a whole;

(iv) the period of time the business may be

conducted;

(v) for the compensation of the guardian of the

estate actively managing, supervising or engaging in the

operation of an entity or business, from the estate's

assets or from the entity or business, as appropriate,

provided that the compensation is reasonably based upon

the actual responsibilities assumed and performed; and

(vi) other regulations, including accountings, as

the court shall deem advisable.

(2) After notice to all parties in interest and after

the court gives due regard to the order of appointment and

any other factor deemed relevant and aided by the report of a

master if necessary:

(i) Organize a corporation or form a partnership,

limited liability company or other entity to carry on the

business of the incapacitated person, whether the

business was owned solely or with others, with the

guardian of the estate exercising this power alone or

jointly with others.

(ii) Contribute for stock of the corporation, as

capital, or for an interest in a partnership, limited

liability company or other entity, all or part of the

property of the incapacitated person that was invested in

20180SB1115PN2123 - 3 -

the business.

(3) With respect to the real property of the estate:

(i) Sell or buy any real property at public, private

or judicial sale, exchange any real property or grant or

obtain an option for the sale, purchase or exchange of

any real property. The court may direct:

(A) The terms and security for any of these

powers.

(B) The reasonable notice to the parties in

interest, including heirs of the incapacitated

person.

(ii) Join with the spouse of the incapacitated

person in the performance of any of the acts under

subparagraph (i) with respect to property held by the

entireties.

(iii) Release the right of the incapacitated person

in the real property of the person's spouse and join in

the deed of the spouse on behalf of the incapacitated

person.

(iv) Abandon any real property.

(4) A guardian of the estate may compromise or settle

any claim by or against the estate, through litigation or

otherwise. The guardian shall seek approval of the orphans'

court division having jurisdiction of the guardianship of any

such compromise or settlement, subject to the following:

(i) The court may enter a decree authorizing the

compromise or settlement to be made:

(A) On petition by the guardian of the estate or

any party in interest setting forth all the facts and

circumstances.

20180SB1115PN2123 - 4 -

(B) After notice as the court directs.

master.

(ii) For a compromise or settlement of an action in

which damages are sought on behalf of the estate, the

court that has jurisdiction and in which the action is

pending may approve the compromise or settlement,

including an agreement for the payment of counsel fees

and other proper expenses incident to the action, upon:

(A) oral motion by plaintiff's counsel of record

in the action; or

(B) petition by the guardian of the estate.

(iii) The order of the court approving the

compromise or settlement or the agreement for the payment

of counsel fees and other expenses shall be subject to

approval of the orphans' court division having

jurisdiction of the guardianship.

(iv) The guardian of the estate shall file a copy of

the order of the court approving the compromise or

settlement with the clerk of the court having

jurisdiction of the estate. When the guardian of the

estate has been required to give bond, the guardian may

not receive the proceeds of the compromise or settlement

until:

(A) the court of the county having jurisdiction

of the estate has made an order excusing the guardian

from entering additional security; or

(B) the guardian has entered the additional

security that is required by the court of the county

having jurisdiction of the estate.

20180SB1115PN2123 - 5 -

* * *

Section 3. Sections 5604(d) and (e) and 5608.1(b)(7) and (8)

of Title 20 are amended to read:

§ 5604. Durable powers of attorney.

* * *

(d) Discovery of information and records regarding actions

of agent.--

(1) If the agency acting pursuant to the act of November

6, 1987 (P.L.381, No.79), known as the Older Adults

Protective Services Act, or the act of October 7, 2010

(P.L.484, No.70), known as the Adult Protective Services Act,

is denied access to records necessary for the completion of a

proper investigation of a report or a client assessment and

service plan or the delivery of needed services in order to

prevent further abuse, neglect, exploitation or abandonment

of the adult principal or older adult principal reported to

be in need of protective services, the agency may petition

the court of common pleas for an order requiring the

appropriate access when either of the following conditions

applies:

(i) the adult principal or older adult principal has

provided written consent for confidential records to be

disclosed and the agent denies access; or

(ii) the agency can demonstrate that the adult

principal or older adult principal has denied or directed

the agent to deny access to the records because of

incompetence, coercion, extortion or justifiable fear of

future abuse, neglect, exploitation or abandonment.

(2) This petition may be filed in the county wherein the

agent resides or has his principal place of business or, if a

20180SB1115PN2123 - 6 -

nonresident, in the county wherein the adult principal or

older adult principal resides. The court, after reasonable

notice to the agent and to the adult principal or older adult

principal, may conduct a hearing on the petition.

(3) Upon the failure of the agent to provide the

requested information, the court may make and enforce such

further orders.

(4) A determination to grant or deny an order, whether

in whole or in part, shall not be considered a finding

regarding the competence, capacity or impairment of the adult

principal or older adult principal, nor shall the granting or

denial of an order preclude the availability of other

remedies involving protection of the person or estate of the

adult principal or older adult principal or the rights and

duties of the agent.

(e) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Abandonment." As that term is defined in the act of

November 6, 1987 (P.L.381, No.79), known as the Older Adults

Protective Services Act[.], or the act of October 7, 2010

(P.L.484, No.70), known as the Adult Protective Services Act.

"Abuse." As that term is defined in the act of November 6,

1987 (P.L.381, No.79), known as the Older Adults Protective

Services Act[.], or the act of October 7, 2010 (P.L.484, No.70),

known as the Adult Protective Services Act .

"Adult principal." A principal who is 18 years of age or

older but under 60 years of age.

"Agency." As that term is defined in the act of November 6,

1987 (P.L.381, No.79), known as the Older Adults Protective

20180SB1115PN2123 - 7 -

Services Act, except that in cities of the first class the term

shall mean the Department of Aging[.], or the act of October 7,

2010 (P.L.484, No.70), known as the Adult Protective Services

Act.

"Exploitation." As that term is defined in the act of

November 6, 1987 (P.L.381, No.79), known as the Older Adults

Protective Services Act[.], or the act of October 7, 2010

(P.L.484, No.70), known as the Adult Protective Services Act.

"Neglect." As that term is defined in the act of November 6,

1987 (P.L.381, No.79), known as the Older Adults Protective

Services Act[.], or the act of October 7, 2010 (P.L.484, No.70),

known as the Adult Protective Services Act.

"Older adult principal." A principal who is 60 years of age

or older.

§ 5608.1. Liability for refusal to accept power of attorney.

* * *

(b) Acceptance not required.--A person may not be required

to accept a power of attorney if any of the following applies:

* * *

(7) The person makes a report to the local protective

services agency under section 302 of the act of November 6,

1987 (P.L.381, No.79), known as the Older Adults Protective

Services Act, or the act of October 7, 2010 (P.L.484, No.70),

known as the Adult Protective Services Act, stating a good

faith belief that the principal may be subject to physical or

financial abuse, neglect, exploitation or abandonment by the

agent or someone acting for or with the agent.

(8) The person has actual knowledge that another person

has made a report to the local protective services agency

under section 302 of the Older Adults Protective Services Act

20180SB1115PN2123 - 8 -

or the Adult Protective Services Act stating a good faith

belief that the principal may be subject to physical or

financial abuse, neglect, exploitation or abandonment by the

agent or someone acting for or with the agent.

* * *

Section 4. Title 20 is amended by adding a section to read:

§ 5615. Judicial relief.

(a) Petitioner.--The following may petition a court to

construe a power of attorney or review the agent's conduct and

grant appropriate relief:

(1) the principal or the agent;

(2) a guardian, conservator or other fiduciary acting

for the principal;

(3) a person authorized to make health care decisions

for the principal;

(4) the principal's spouse, parent or descendant;

(5) an individual who could qualify as an intestate

successor of the principal;

(6) a person named as a beneficiary:

(i) to receive any property, benefit or contractual

right on the principal's death; or

(ii) of a trust created by or for the principal;

(7) a governmental agency having regulatory authority to

protect the welfare of the principal;

(8) the principal's caregiver or another person that

demonstrates sufficient interest in the principal's welfare;

and

(9) a person asked to accept the power of attorney.

(b) Principal.--Upon motion by the principal, the court

shall dismiss a petition filed under this section, unless the

20180SB1115PN2123 - 9 -

court finds that the principal lacks capacity to revoke the

agent's authority or the power of attorney.

Section 5. Section 7504(c)(2) of Title 20 is amended to

read:

§ 7504. Certain trustee powers not exercisable.

* * *

(2) A trust created under a governing instrument

executed on or before March 21, 1999, if no part of the

principal of the trust would have been included in the gross

estate of the trustee for Federal estate tax purposes if the

trustee had died [on March 21, 1999,] without the benefit of

this section having been enacted, without having exercised

the power under the governing instrument to make

discretionary distributions of principal or income to or for

the benefit of the trustee, the trustee's estate or the

creditors of either.

Section 6. Title 20 is amended by adding a section to read:

§ 7607. Creditors' rights.

Property subject to a power of appointment shall not, by

virtue of the power, be available to the creditors of the donee

of the power, except to the extent:

(1) the donee expressly exercises a broad power of

appointment in favor of the donee's creditors or the estate's

creditors;

(2) the creation of the power was connected with a

fraudulent conveyance on those creditors;

(3) the power of appointment is broad and the donee is

also the donor of the power; or

20180SB1115PN2123 - 10 -

(4) the power is broad and is presently exercisable by

the donee, except that an unrestricted power to withdraw the

greater of the amount specified in section 2041(b)(2),

2503(b) or 2514(e) of the Internal Revenue Code of 1986

(Public Law 99-514, 26 U.S.C. § 2041(b)(2), 2503(b) or

2514(e)) or any lesser amount determined by reference to one

or more of these provisions may not be treated as a presently

exercisable broad power of appointment for purposes of this

section.

Section 7. Sections 7763(g) and 7778 heading, (b), (c) and

(d) of Title 20 are amended and the sections are amended by

adding subsections to read:

§ 7763. Cotrustees - UTC 703.

* * *

(g) Reasonable care.--[Each] Except as provided in

subsection (i), each trustee shall exercise reasonable care to:

(1) prevent a cotrustee from committing a breach of

trust involving fraud or self-dealing; and

(2) compel a cotrustee to redress a breach of trust

involving fraud or self-dealing.

* * *

(i) Different duties and standards of care among

cotrustees.--A trust instrument may assign different duties and

standards of care to different trustees and may limit the

liability of a trustee who acts upon the direction of another

trustee to whom a duty is exclusively given by the trust

instrument or who complies with the veto of another trustee to

whom a power to veto is exclusively given by the trust

instrument. The duties and powers assigned may be those of a

trust director described in section 7778 (relating to powers to

20180SB1115PN2123 - 11 -

direct). Where a trust instrument confers upon a cotrustee the

power to direct or to veto certain actions of the trustees and

excludes another trustee from participating in the exercise of

the power, the following rules apply in respect to the actions

unless the trust instrument provides otherwise:

(1) The excluded trustee shall act in accordance with

the cotrustee's written direction or written veto and shall

not be liable, individually or as a fiduciary, for any loss

resulting directly or indirectly from compliance with that

direction or veto or from the cotrustee's failure to respond

to a recommendation by the excluded trustee that the

cotrustee has the power to veto.

(2) The excluded trustee has no duty, beyond seeking the

cotrustee's direction or veto, to monitor the conduct of the

cotrustee, to provide advice to or consult with the cotrustee

or to inquire, investigate or evaluate the cotrustee's

decisions or lack of decisions. If the excluded trustee takes

any action beyond the excluded trustee's duty, the excluded

trustee shall not be liable for failure to do so in the

future.

(3) The excluded trustee shall not be required to give

notice to any beneficiary of any action taken or not taken by

the cotrustee, whether or not the excluded trustee agrees

with the action. If the excluded trustee gives the notice,

the excluded trustee shall not be liable for failure to do so

in the future. An excluded trustee shall not be liable for

taking administrative actions to implement the cotrustee's

actions or for confirming that those actions have been taken.

(4) The cotrustee who holds the power to direct or to

veto certain actions with respect to the trust is liable to

20180SB1115PN2123 - 12 -

the beneficiaries with respect to the exercise of or failure

to exercise the power to the same extent as if the excluded

trustee were not in office and has the exclusive obligation

to account to the beneficiaries and defend any action brought

by the beneficiaries with respect to the exercise of or

failure to exercise the power.

§ 7778. Powers to direct [- UTC 808].

* * *

[(b) Compliance with power.--If a trust instrument confers

upon a person other than the settlor of a revocable trust power

to direct certain actions of the trustee, the trustee shall act

in accordance with a written exercise of the power unless the

attempted exercise is manifestly contrary to the trust

instrument or the trustee knows the attempted exercise would

constitute a serious breach of a fiduciary duty that the person

holding the power owes to the beneficiaries of the trust.

instrument may confer upon a trustee or other person a power to

modify or terminate the trust.

(d) Fiduciary relationship.--A person other than a

beneficiary who holds a power to direct certain actions of a

trustee is presumptively a fiduciary who, as such, is required

to act in good faith with regard to the purposes of the trust

and the interests of the beneficiaries. The holder of a power to

direct is liable for any loss that results from breach of the

holder's fiduciary duty.]

(e) Trust director, in general.--A trust instrument may

appoint a trust director to make or veto investment,

distribution or other decisions affecting the trust or to serve

as a trust protector. A trust director may but need not be a

20180SB1115PN2123 - 13 -

trustee of the trust. The trust instrument may appoint more than

one person in any such capacity. Trust directors are fiduciaries

within the scope of their appointment.

(f) Trust director for investments.--Unless the trust

instrument provides otherwise:

(1) A trust director for investments shall have the

power to:

(i) direct the trustee or veto the trustee's

recommendations as to the investment of the trust assets;

(ii) direct the trustee or veto the trustee's

recommendations as to the voting of proxies and the

exercise of other voting powers associated with the

trust's assets;

(iii) select and determine reasonable compensation

of one or more investment advisors or managers, even if a

trustee, and authorize or engage them to perform any of

the investment powers of the trust director;

(iv) determine the frequency and methodology for

valuing trust assets; and

(v) exercise or veto the trustee's exercise of any

other investment power the trustee has or might have.

(2) The provisions of Chapter 72 (relating to prudent

investor rule) shall apply to a trust director for

investments to the same extent they would apply to the

trustee.

(g) Trust director for distributions.--A trust instrument

may appoint a trust director for distributions to direct the

trustee or veto the trustee's recommendations regarding whether,

how and to whom to make discretionary distributions from the

trust and the amount of the distributions. If the trust

20180SB1115PN2123 - 14 -

instrument does not specify the powers of the trust director for

distributions, the office of trust director for distributions

shall be deemed vacant.

(h) Trust protector.--

(1) Subject to paragraph (2), a trust instrument may

appoint a trust director as trust protector to exercise the

powers as the trust instrument may specify, which may include

the powers to:

(i) amend the trust instrument to achieve favorable

tax status or to respond to changes in tax laws, apply

changes in the rule against perpetuities to the trust or

improve the trust's administration;

(ii) change the trust's situs, the trust's governing

law or both;

(iii) remove, appoint or replace an investment

advisor or manager or a member of an investment or

distribution committee and prescribe a plan of succession

for future holders of the office;

(iv) remove, appoint or replace a trustee, appoint

one or more successor trustees and prescribe a plan of

succession for future trustees;

(v) remove, appoint or replace a trust director and

specify his powers, which appointment and specification

shall be deemed made by the trust instrument;

(vi) appoint one or more successor trust protectors

and prescribe a plan of succession for future trust

protectors;

(vii) modify or eliminate the interests of any

beneficiaries of the trust, except that the trust

protector may not increase the trust protector's

20180SB1115PN2123 - 15 -

beneficial interest, if any, in the trust;

(viii) grant a power of appointment to one or more

beneficiaries of the trust on the terms as the trust

protector may specify or modify the terms of or terminate

a power of appointment granted to a beneficiary by the

trust instrument, except by doing so, the trust protector

may not establish as an object of the power:

(A) any individual or class of individuals who

were not beneficiaries of the trust; or

(B) the trust protector, the trust protector's

estate, creditors or the creditors of the trust

protector's estate; and

(ix) terminate the trust and direct the trustee on

how to distribute the trust property, except that the

trust protector may not increase the trust protector's

beneficial interest, if any, in the trust.

(2) If the trust instrument grants the same power to

both a trust protector and a trust director who shall not be

a trust protector, the trust protector shall control the

exercise of the power. The trust protector shall notify the

Office of Attorney General of the exercise of any of the

foregoing powers if the trustee would be required to give

notice if the trustee exercised the same power.

(i) Trustee disabling provisions applicable to trust

director.--Unless the trust instrument provides otherwise, the

restrictions set forth in Chapter 75 (relating to limitations on

exercise of trustee powers and powers of beneficiaries to

appoint trustees) shall apply to a trust director as if the

trust director were a trustee.

(j) Duty and liability of trust director.--

20180SB1115PN2123 - 16 -

(1) In exercising or not exercising the authority

granted in this section or by the trust instrument, a trust

director is subject to the same fiduciary duties and

liabilities that apply to a trustee, unless the trust

instrument provides otherwise, except that the trust

instrument may not exonerate a trust director from liability

to an extent greater than the trust instrument might

exonerate a trustee. A donee of a power of appointment shall

not be a fiduciary with respect to the exercise or

nonexercise of the power of appointment, even if the donee is

also a trust director. A trust director has no duty to:

(i) monitor the trustee's conduct;

(ii) provide advice to or consult with the trustee

on matters outside the trust director's role; or

(iii) give notice to any beneficiary of any action

taken or not taken by a trustee, whether or not the trust

director agrees with the action.

(2) If a trust director takes any such action beyond the

trust director's duty, the trust director shall not be liable

for failure to do so in the future.

(k) Duty and liability of trustee.--If a trust instrument

confers upon a trust director the power to make or to veto

certain decisions regarding the trust, the following rules apply

in relation to the matters the trust director may decide or veto

unless the trust instrument provides otherwise:

(1) The trustee shall act in accordance with the trust

director's written direction or written veto and shall not be

liable, individually or as a fiduciary, for any loss

resulting directly or indirectly from compliance with that

direction or veto or from the trust director's failure to

20180SB1115PN2123 - 17 -

respond to a recommendation by the trustee that the trust

director has the power to veto.

(2) If the trust instrument provides that a trustee

shall act only with the consent of a trust director, the

trustee shall not be liable, individually or as a fiduciary,

for any loss resulting directly or indirectly from any action

taken or not taken as a result of the trust director's

failure to provide the consent.

(3) The trustee has no duty, beyond seeking the trust

director's direction or veto, to monitor the conduct of the

trust director, to provide advice to or consult with the

trust director or to inquire, investigate or evaluate the

trust director's decisions or lack of decisions. If a trust

director takes any such action beyond the trust director's

duty, the trust director shall not be liable for failure to

do so in the future.

(4) The trustee shall not be required to give notice to

any beneficiary of any action taken or not taken by a trust

director, whether or not the trustee agrees with the action.

If a trust director gives the notice, the trust director

shall not be liable for failure to do so in the future. The

trustee shall not be liable for taking administrative actions

to implement the trust director's actions or for confirming

that those actions have been taken.

(l) Acceptance and rejection of trust director's role.--

(1) A person designated as a trust director accepts the

appointment to serve in that capacity:

(i) by substantially complying with a method of

acceptance specified in the trust instrument; or

(ii) if the trust instrument does not specify a

20180SB1115PN2123 - 18 -

method for acceptance, or the method provided in the

trust instrument shall not be expressly exclusive, by

exercising powers or performing duties as a trust

director or otherwise indicating acceptance of the

appointment to serve as a trust director.

(2) A person designated as a trust director may reject

the appointment to serve in that capacity. A trustee may

request in writing that a person designated as a trust

director accept that role in writing. If requested to accept

that role in writing, the person designated as a trust

director who does not accept in writing an appointment within

60 days after receipt of the trustee's written request shall

be considered to have rejected the appointment to serve as a

trust director. If the trust director does not accept

appointment or there is a vacancy in the position, the

powers, duties and responsibilities of the trustee shall be

determined as if the office of the trust director had not

been created, unless the trust instrument provides otherwise.

(m) Action by multiple trust directors who share a role.--

When more than one trust director is authorized to act on a

matter entrusted to them and they are unable to reach a

unanimous decision on the matter, they may act by majority vote,

unless the trust instrument provides otherwise.

(n) Resignation by trust director.--A trust director may

resign:

(1) if allowed to do so by the trust instrument;

(2) upon at least 30 days' advance notice in writing to

the qualified beneficiaries of the trust, the settlor if sui

juris and all trustees, unless the trust instrument provides

otherwise; or

20180SB1115PN2123 - 19 -

(3) with court approval.

(o) Removal of trust director.--The settlor, a trustee or a

beneficiary of an irrevocable trust may petition the court to

remove a trust director, or a trust director may be removed by

the court on its own initiative, for any of the reasons for

which the court may remove a trustee. Pending a final decision

whether to remove a trust director, or in lieu of or in addition

to removing a trust director, the court may order appropriate

relief to protect the trust or the interests of the

beneficiaries.

(p) Compensation and reimbursement of trust director.--A

trust director is entitled to reasonable compensation and

reimbursement of expenses on the terms provided in the trust

instrument or, in the absence of the terms, as the law provides

for trustees.

(q) Jurisdiction over trust director.--By accepting an

appointment to serve as a trust director of a trust having its

situs in this Commonwealth, the trust director submits to the

jurisdiction of the courts of this Commonwealth to the same

extent as the trustee, notwithstanding any contrary provision in

the trust instrument or in any agreement apart from the trust

instrument. The trust director may be made a party to any action

or proceeding involving issues relating to a decision and action

or inaction by the trust director within the scope of the trust

director's authority.

(r) Trustee may not delegate trust director's role.--A

trustee may not delegate a duty or power under section 7777

(relating to delegation by trustee) that the trust instrument

gives to a trust director.

Section 8. Section 7780.3(i) of Title 20 is amended to read:

20180SB1115PN2123 - 20 -

§ 7780.3. Duty to inform and report.

* * *

(i) Contents of notice.--Except as provided in subsection

(g), any notice under this section shall be written and convey

the following information:

(1) The fact of the trust's existence.

(2) The identity of the settlor.

(3) The [trustee's] name, address and telephone number

of each trustee.

(4) The recipient's right to receive [upon request] a

copy of the trust instrument.

(5) Each current beneficiary's right to receive, at

least annually, upon request, periodic written financial

reports concerning the trust.

(6) The name, address and telephone number of each trust

director.

* * *

Section 9. This act shall take effect in 60 days.

20180SB1115PN2123 - 21 -