CHAPTER 2. Powers of Trustees [16200. - 16249.]

Chapter 2 enacted by Stats. 1990, Ch. 79.

§§ 16200–16249 · 33 sections

1. ARTICLE 1. General Provisions §§ 16200–16203 · 4 sections

   • § 16200 A trustee has the following powers without the need to obtain court authorization: (a) The powers conferred by the trust instrument. (b) Except as limited in…
   • § 16201 This chapter does not affect the power of a court to relieve a trustee from restrictions on the exercise of powers under the trust instrument.
   • § 16202 The grant of a power to a trustee, whether by the trust instrument, by statute, or by the court, does not in itself require or permit the exercise of the…
   • § 16203 An instrument that incorporates the powers provided in former Section 1120.2 (repealed by Chapter 820 of the Statutes of 1986) shall be deemed to refer to the…
2. ARTICLE 2. Specific Powers of Trustees §§ 16220–16249 · 29 sections

   • § 16220 The trustee has the power to collect, hold, and retain trust property received from a settlor or any other person until, in the judgment of the trustee,…
   • § 16221 The trustee has the power to accept additions to the property of the trust from a settlor or any other person.
   • § 16222 (a) Subject to subdivision (b), the trustee has the power to continue or participate in the operation of any business or other enterprise that is part of the…
   • § 16224 (a) In the absence of an express provision to the contrary in a trust instrument, where the instrument directs or permits investment in obligations of the…
   • § 16225 (a) The trustee has the power to deposit trust funds at reasonable interest in any of the following accounts: (1) An insured account in a financial…
   • § 16226 The trustee has the power to acquire or dispose of property, for cash or on credit, at public or private sale, or by exchange.
   • § 16227 The trustee has the power to manage, control, divide, develop, improve, exchange, partition, change the character of, or abandon trust property or any interest…
   • § 16228 The trustee has the power to encumber, mortgage, or pledge trust property for a term within or extending beyond the term of the trust in connection with the…
   • § 16229 The trustee has the power to do any of the following: (a) Make ordinary or extraordinary repairs, alterations, or improvements in buildings or other trust…
   • § 16230 The trustee has the power to do any of the following: (a) Subdivide or develop land. (b) Dedicate land to public use. (c) Make or obtain the vacation of plats…
   • § 16231 The trustee has the power to enter into a lease for any purpose as lessor or lessee with or without the option to purchase or renew and for a term within or…
   • § 16232 The trustee has the power to enter into a lease or arrangement for exploration and removal of gas, oil, or other minerals or geothermal energy, and to enter…
   • § 16233 The trustee has the power to grant an option involving disposition of trust property or to take an option for the acquisition of any property, and an option…
   • § 16234 With respect to any shares of stock of a domestic or foreign corporation, any membership in a nonprofit corporation, or any other property, a trustee has the…
   • § 16235 The trustee has the power to pay calls, assessments, and any other sums chargeable or accruing against or on account of securities.
   • § 16236 The trustee has the power to sell or exercise stock subscription or conversion rights.
   • § 16237 The trustee has the power to consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation…
   • § 16238 The trustee has the power to hold a security in the name of a nominee or in other form without disclosure of the trust so that title to the security may pass…
   • § 16239 The trustee has the power to deposit securities in a securities depository, as defined in Section 30004 of the Financial Code, which is licensed under Section…
   • § 16240 The trustee has the power to insure the property of the trust against damage or loss and to insure the trustee against liability with respect to third persons.
   • § 16241 The trustee has the power to borrow money for any trust purpose to be repaid from trust property. The lender may include, but is not limited to, a bank holding…
   • § 16242 The trustee has the power to do any of the following: (a) Pay or contest any claim. (b) Settle a claim by or against the trust by compromise, arbitration, or…
   • § 16243 The trustee has the power to pay taxes, assessments, reasonable compensation of the trustee and of employees and agents of the trust, and other expenses…
   • § 16244 The trustee has the following powers: (a) To make loans out of trust property to the beneficiary on terms and conditions that the trustee determines are fair…
   • § 16245 The trustee has the power to pay any sum of principal or income distributable to a beneficiary, without regard to whether the beneficiary is under a legal…
   • § 16246 The trustee has the power to effect distribution of property and money in divided or undivided interests and to adjust resulting differences in valuation. A…
   • § 16247 The trustee has the power to hire persons, including accountants, attorneys, auditors, investment advisers, appraisers (including probate referees appointed…
   • § 16248 The trustee has the power to execute and deliver all instruments which are needed to accomplish or facilitate the exercise of the powers vested in the trustee.
   • § 16249 The trustee has the power to prosecute or defend actions, claims, or proceedings for the protection of trust property and of the trustee in the performance of…