Rhode Island General Laws 18-3-14. Exercise of powers by cofiduciaries
If any trustee or personal representative fails to delegate the exercise of any functions vested in him or her as a fiduciary, as permitted by § 18-3-3 — § 18-3-7, or if, having made a delegation for a limited period, the period has expired, and if the trustee or personal representative is engaged in war service or is outside the continental United States, and for any reason connected with or resulting from any war or national emergency it is not reasonably practicable for him or her to return to the United States, the cofiduciary or cofiduciaries of the trustee or personal representative, if there is any, shall have and may exercise, as long and only as long as the conditions specified in the preceding provisions of this section exist, all of the functions and shall be subject to all of the responsibilities that would devolve upon the cofiduciary or cofiduciaries if the trustee or personal representative were dead, except, the duty to make an accounting of the estate as if the trustee or personal representative had died. Thereafter, until these conditions cease to exist, the trustee or personal representative shall no longer have or possess any of the functions or responsibilities.
History of Section.
P.L. 1942, ch. 1140, § 3; P.L. 1950 (s.s.), ch. 2645, § 2; G.L. 1956, § 18-3-14.
Terms Used In Rhode Island General Laws 18-3-14
- Cofiduciary: means a trustee or personal representative empowered to exercise fiduciary functions jointly with any person authorized to delegate functions under the provisions of § 18-3-3;
(2) "Fiduciary" means any trustee or personal representative;
(3) "Functions" includes discretions, powers, and duties;
(4) "Person" includes corporations as well as natural persons;
(5) "Personal representative" means an executor under a will, an administrator cum testamento annexo, an administrator de bonis non, an administrator of an intestate estate, or a guardian of the estate of any person;
(6) "Power of attorney" and "power" means a power of attorney given pursuant to § 18-3-5;
(7) "Trustee" means any person who is designated in any written instrument, or court order, or in any will admitted to probate in this state to hold property upon trust, whether or not that person has assumed possession of the trust estate or entered upon his or her fiduciary duties;
(8) "War or national emergency" means any period during which the United States is engaged in any war, declared or undeclared, plus a period of sixty (60) days thereafter; and
(9) "War service" means:
(i) Active service during the period of any war or national emergency, whether within or outside of the territory of the United States of America, in any of the naval, military, or air forces of the United States;
(ii) Any active service during the period of any war or national emergency on any ship of United States registry; or
(iii) Any other work or employment during the period of any war or national emergency outside the continental United States and under the direction of the government of the United States. See Rhode Island General Laws 18-3-2
- Fiduciary: A trustee, executor, or administrator.
- Functions: includes discretions, powers, and duties;
(4) "Person" includes corporations as well as natural persons;
(5) "Personal representative" means an executor under a will, an administrator cum testamento annexo, an administrator de bonis non, an administrator of an intestate estate, or a guardian of the estate of any person;
(6) "Power of attorney" and "power" means a power of attorney given pursuant to § 18-3-5;
(7) "Trustee" means any person who is designated in any written instrument, or court order, or in any will admitted to probate in this state to hold property upon trust, whether or not that person has assumed possession of the trust estate or entered upon his or her fiduciary duties;
(8) "War or national emergency" means any period during which the United States is engaged in any war, declared or undeclared, plus a period of sixty (60) days thereafter; and
(9) "War service" means:
(i) Active service during the period of any war or national emergency, whether within or outside of the territory of the United States of America, in any of the naval, military, or air forces of the United States;
(ii) Any active service during the period of any war or national emergency on any ship of United States registry; or
(iii) Any other work or employment during the period of any war or national emergency outside the continental United States and under the direction of the government of the United States. See Rhode Island General Laws 18-3-2
- Trustee: A person or institution holding and administering property in trust.
- United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8