Can someone interpret the meaning of the Trust articles in plain English? Is it a normal addition to a Trust?

Trust Articles

This is a second question about the same topic as another one of my questions but it is not a duplicate. I have edited the other questions to avoid any overlapping. I think the differences should be clear if you read them.

marked as duplicate by sharur, Nij, A. K., BlueDogRanch, bdb484 Nov 16 '18 at 4:56

This question was marked as an exact duplicate of an existing question.

  • Please don't repeat questions you have already asked, especially when they are put on hold. Edit the previous question to make it on-topic. – Nij Nov 13 '18 at 7:13
  • Please read question more carefully it is not a duplicate and neither are answered. – MrQs Nov 15 '18 at 23:17
  • 1
    While this clearly deals with the same trust as the other question (or at least a trust using the same language for 2 provisions) it does not seem to me to be a duplicate. – David Siegel Nov 16 '18 at 0:08

Section 6.19 says that the trustee is not required to provide an accounting of the trust to anyone, even if the law says otherwise.

Section 6.20 says that IF the settlor (the person who established the trust) becomes incapacitated (unable to handle business, usually due to illness, injury, or age), then the trustee is required to provide an accounting to several people, specifically: 1) those people who will become beneficiaries of the trust when the settlor dies, 2) any person who may be acting as conservator of the estate, and 3) to any person who is acting as agent for the settlor under the settlor's power of attorney to manage the settlor's property. (A conservator is a person appointed, usually by a court, to manage an estate or property, so that it shall be in good order when it turned over to the proper owner. A conservator is often appointed when the owner is not able to manage his or her own property, or while a will is being settled.)

Section 6.20 also says that If the settlor becomes incapacitated the Trustee will give a copy of th trust document to the potential beneficiaries (the same people indicated in item 1) above).

Section 6.20 seems to conflict with 6.19 and I have no idea how this conflict would be resolved. Other sections might make that clear, or the detailed law or case law might clarify that.

Not the answer you're looking for? Browse other questions tagged or ask your own question.