HB 1650 Modifies provisions relating to trust accounts that are HSAs, when a trustee may terminate a trust because the value of the trust is deemed insufficient, and when a no-contest clause in a trust is unenforceable

Current Bill Summary

- Prepared by Senate Research -


HB 1650 - Under this act, a trust which is a health savings account shall be deemed to have been established on the day when the beneficiary of the trust is an eligible individual in the calendar year in which the trust is created (456.006).

This provision is identical to a provision in HCS/SCS/SBs 946 & 947 (2018) and substantially similar to a provision in the truly and agreed to and finally passed version of HB 1250 (2018), HCS/HB 2351 (2018), CCS/HCS/SB 569 (2018), SCS/SB 942 (2018).

Under current law, a trustee of a trust consisting of property having a total value of less than $100,000 may terminate the trust if the trustee determines that the value of the trust property is insufficient to justify the cost of the administration. This act increases the required value of the trust property to less than $250,000 before the trustee can terminate the trust (456.4-414).

This provision is identical to provisions contained in the truly agreed to and finally passed version of HB 1250 (2018), HCS/HB 2351 (2018), CCS/HCS/SB 569 (2018), SCS/SB 942 (2018), HCS/SCS/SBs 946 & 947 (2018), SCS/HCB 1 (2017) and the truly agreed to and finally passed version of SB 128 (2017).

This act also provides that a no-contest clause is not enforceable against an interested person filing a motion, pleading, or other claim for relief concerning either a breach of trust by a trustee or for removal of a trustee (456.4-420).

This provision is identical to a provision in HB 1250 (2018), HCS/SCS/SB 672 (2018), and HCS/SB 909 (2018) and substantially similar to a provision contained SCS/SB 942 (2018), SB 356 (2017), SCS/HCS/HB 427 (2017), SCS/SB 171 (2017), SCS/HCB 1 (2017), and the truly agreed to and finally passed version of SB 128 (2017).

JESSI JAMES


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