§756.  Other transfer by fiduciary

A.  Subject to Subsection C of this Section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to R.S. 9:759, in the absence of a will or under a will or trust that does not contain an authorization to do so.  

B.  Subject to Subsection C of this Section, a curator or tutor may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to R.S. 9:759.  

C.  A transfer under Subsections A or B of this Section may be made only if all of the following occur:

(1)  The personal representative, trustee, curator, or tutor considers the transfer to be in the best interest of the minor.  

(2)  The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument.  

(3)  The transfer is authorized by the court, if it exceeds ten thousand dollars in value.  

Acts 1987, No. 469, §1, eff. Jan. 1, 1988.