2005 Idaho Code - 68-806 — OTHER TRANSFER BY FIDUCIARY

                                  TITLE  68
                            TRUSTS AND FIDUCIARIES
                                  CHAPTER 8
                             TRANSFERS TO MINORS
    68-806.  OTHER TRANSFER BY FIDUCIARY. (1) Subject to subsection (3) 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 section 68-809, Idaho Code, in the absence of a will or
under a will or trust that does not contain an authorization to do so.
    (2)  Subject to subsection (3) of this section, a conservator may make an
irrevocable transfer to another adult or trust company as custodian for the
benefit of the minor pursuant to section 68-809, Idaho Code.
    (3)  A transfer under subsection (1) or (2) of this section may be made
only if (i) the personal representative, trustee, or conservator considers the
transfer to be in the best interest of the minor, (ii) the transfer is not
prohibited by or inconsistent with provisions of the applicable will, trust
agreement, or other governing instrument, and (iii) the transfer is authorized
by the court if it exceeds ten thousand dollars ($10,000) in value.