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The Advisory Committee recommends that these two provisions be parallel,
thereby permitting the court to divide the trust into two or more separate trusts.
Accordingly, the Advisory Committee proposes the following statutory amendment to
§ 7740.7(b): “The court, for cause shown, may authorize the division of a trust into [two]
separate trusts upon such terms and conditions and with notice as the court shall direct.”
The Advisory Committee recommends that the amendment of § 7740.7(b) take
effect in 60 days.
Advertisements
Section 7755(c) currently provides that “[i]f no personal representative is
appointed within 90 days after the settlor’s death, the trustee shall advertise the trust’s
existence and the name and address of the trustee in the manner set forth in section 3162
(relating to advertisement of grant of letters).”
Senate Bill No. 53 of 2009 and House Bill No. 120 of 2009, based on the
Advisory Committee’s recommendations set forth in the October 2007 Joint State
Government Commission report, 19 amend § 7755(c) as follows:
(c) [No personal representative. If no personal representative is
appointed within 90 days after the settlor’s death, the trustee shall
advertise the trust’s existence and the name and address of the trustee in
the manner set forth in section 3162 (relating to advertisement of grant of
letters)] Trustee’s duty to advertise.--
(1) A trustee of a revocable trust:
(i) May advertise at any time after the settlor’s death.
(ii) Shall advertise if the first advertisement of the grant of
letters by the settlor’s personal representative does not occur
within 90 days after the settlor’s death.
(2) Advertisements by the trustee under this subsection shall be in
the manner set forth in section 3162 (relating to advertisement of grant
of letters) and shall include:
(i) The fact of the trust’s existence.
(ii) The trustee’s name and address.
(3) The personal representative of the settlor of a revocable trust
shall send to the trustee copies of the proof of publication of the
advertisement of the grant of letters.
19
The Probate, Estates and Fiduciaries Code: Proposed Amendments to Title 20 of the
Pennsylvania Consolidated Statutes (Oct. 2007).
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