1.1 	A bill for an act
1.2 	relating to estates and trusts; updating the Uniform Probate Code; adopting 
1.3 	the Uniform Estate Tax Apportionment Act, the Uniform Disclaimer of 
1.4 	Property Interests Act, the Uniform Power of Attorney Act, and the Uniform 
1.5 	Multiple-Person Accounts Act;amending Minnesota Statutes 2008, sections 
1.6 	524.1-201; 524.2-102; 524.2-103; 524.2-104; 524.2-114; 524.2-115; 524.2-202; 
1.7 	524.2-403; 524.2-502; 524.2-504; 524.2-705; 524.3-406; 524.3-916; 524.8-101; 
1.8 	proposing coding for new law in Minnesota Statutes, chapter 524; proposing 
1.9 	coding for new law as Minnesota Statutes, chapters 523A; 524A; repealing 
1.10 	Minnesota Statutes 2008, sections 501B.86; 523.01; 523.02; 523.03; 523.04; 
1.11 	523.05; 523.06; 523.07; 523.075; 523.08; 523.09; 523.10; 523.11; 523.12; 
1.12 	523.13; 523.131; 523.14; 523.15; 523.16; 523.17; 523.18; 523.19; 523.20; 
1.13 	523.21; 523.22; 523.23; 523.24; 524.2-108; 524.6-201; 524.6-202; 524.6-203; 
1.14 	524.6-204; 524.6-205; 524.6-206; 524.6-207; 524.6-208; 524.6-209; 524.6-210; 
1.15 	524.6-211; 524.6-212; 524.6-213; 524.6-214; 525.532.
1.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17 	ARTICLE 1
1.18 	UNIFORM PROBATE CODE AMENDMENTS

1.19 	Section 1. [524.1-109] COST-OF-LIVING ADJUSTMENT OF CERTAIN 
1.20 	DOLLAR AMOUNTS.
1.21 	(a) In this section:
1.22 	(1) "CPI" means the Consumer Price Index (Annual Average) for All Urban 
1.23 	Consumers (CPI-U): U.S. city average - All items, reported by the Bureau of Labor 
1.24 	Statistics, United States Department of Labor or its successor, or, if that index is 
1.25 	discontinued, an equivalent index reported by a federal authority. If no such index is 
1.26 	reported, the term means the substitute index chosen by the commissioner of human 
1.27 	services; and
1.28 	(2) "reference base index" means the CPI for calendar year 2009.
2.1 	(b) The dollar amounts stated in sections 524.2-102; 524.2-202, paragraph (b); 
2.2 	524.2-402; 524.2-403; and 524.2-405 apply to the estates of decedents who die in or after 
2.3 	January 1, 2010, except that, for the estates of decedents dying after January 1, 2010, 
2.4 	these dollar amounts must be increased or decreased if the CPI for the calendar year 
2.5 	immediately preceding the year of death exceeds or is less than the reference base index. 
2.6 	The amount of any increase or decrease is computed by multiplying each dollar amount by 
2.7 	the percentage by which the CPI for the calendar year immediately preceding the year 
2.8 	of death exceeds or is less than the reference base index. If any increase or decrease 
2.9 	produced by the computation is not a multiple of $100, the increase or decrease is rounded 
2.10 	down, if an increase, or up, if a decrease, to the next multiple of $100, except that, for 
2.11 	purposes of section 524.2-405, the periodic installment amount is the lump-sum amount 
2.12 	divided by 12. If the CPI for the year immediately prior to January 1, 2010, is changed 
2.13 	by the Bureau of Labor Statistics, the reference base index must be revised using the 
2.14 	rebasing factor published by the Bureau of Labor Statistics, or other comparable data if a 
2.15 	rebasing factor is not published.
2.16 	(c) Before February 1, 2011, and before February 1 of each succeeding year, the 
2.17 	Department of Human Services shall publish a cumulative list, beginning with the dollar 
2.18 	amounts effective for the estates of decedents dying in 2011, of each dollar amount as 
2.19 	increased or decreased under this section.

2.20 	Sec. 2. Minnesota Statutes 2008, section 524.1-201, is amended to read:
2.21 	524.1-201 GENERAL DEFINITIONS.
2.22 		Subdivision 1.Scope. Subject to additional definitions contained in the subsequent 
2.23 	articles which are applicable to specific articles or, parts, or sections, and unless the 
2.24 	context otherwise requires, in the definitions in this section apply to chapters 524 and 525:.
2.25 		Subd. 2.Application. (2) "Application" means a written request to the registrar for 
2.26 	an order of informal probate or appointment under article III, part 3.
2.27 		Subd. 3.Beneficiary. (3) "Beneficiary," as it relates to trust beneficiaries, includes a 
2.28 	person who has any present or future interest, vested or contingent, and also includes the 
2.29 	owner of an interest by assignment or other transfer and as it relates to a charitable trust, 
2.30 	includes any person entitled to enforce the trust.
2.31 		Subd. 4.Child. (5) "Child" includes any individual entitled to take as a child 
2.32 	under law by intestate succession from the parent whose relationship is involved and 
2.33 	excludes any person who is only a stepchild, a foster child, a grandchild or any more 
2.34 	remote descendant.
3.1 		Subd. 5.Claims. (6) "Claims" includes liabilities of the decedent whether arising 
3.2 	in contract or otherwise and liabilities of the estate which arise after the death of the 
3.3 	decedent including funeral expenses and expenses of administration. The term does not 
3.4 	include taxes, demands or disputes regarding title of a decedent to specific assets alleged 
3.5 	to be included in the estate, tort claims, foreclosure of mechanic's liens, or to actions 
3.6 	pursuant to section 573.02.
3.7 		Subd. 6.Conservator. "Conservator" means a person who is appointed by a court 
3.8 	to manage the estate of a protected person.
3.9 		Subd. 7.Court. (7) "Court" means the court or branch having jurisdiction in matters 
3.10 	relating to the affairs of decedents. This court in this state is known as the district court.
3.11 	(8) "Conservator" means a person who is appointed by a court to manage the estate 
3.12 	of a protected person.
3.13 		Subd. 8.Descendant. (9) "Descendant" of an individual means all of the 
3.14 	individual's descendants of all generations, with the relationship of parent and child at each 
3.15 	generation being determined by the definition of child and parent contained in this section.
3.16 		Subd. 9.Devise. (10) "Devise," when used as a noun, means a testamentary 
3.17 	disposition of real or personal property and when used as a verb, means to dispose of 
3.18 	real or personal property by will.
3.19 		Subd. 10.Devisee. (11) "Devisee" means any person designated in a will to receive 
3.20 	a devise. In the case of a devise to an existing trust or trustee, or to a trustee on trust 
3.21 	described by will, the trust or trustee is the devisee and the beneficiaries are not devisees.
3.22 		Subd. 11.Disability. (12) "Disability" means cause for appointment of a conservator 
3.23 	as described in section 524.5-401, or a protective order as described in section 524.5-412.
3.24 		Subd. 12.Distributee. (13) "Distributee" means any person who has received or 
3.25 	who will receive property of a decedent from the decedent's personal representative other 
3.26 	than as a creditor or purchaser. A testamentary trustee is a distributee with respect to 
3.27 	property which the trustee has received from a personal representative only to the extent 
3.28 	of distributed assets or their increment remaining in the trustee's hands. A beneficiary 
3.29 	of a testamentary trust to whom the trustee has distributed property received from a 
3.30 	personal representative is a distributee of the personal representative. For purposes of this 
3.31 	provision, "testamentary trustee" includes a trustee to whom assets are transferred by 
3.32 	will, to the extent of the devised assets.
3.33 		Subd. 13.Estate. (14) "Estate" includes all of the property of the decedent, trust, or 
3.34 	other person whose affairs are subject to this chapter as originally constituted and as it 
3.35 	exists from time to time during administration.
4.1 		Subd. 14.Fiduciary. (16) "Fiduciary" includes personal representative, guardian, 
4.2 	conservator and trustee.
4.3 		Subd. 15.Foreign personal representative. (17) "Foreign personal representative" 
4.4 	means a personal representative of another jurisdiction.
4.5 		Subd. 16.Formal proceedings. (18) "Formal proceedings" means those conducted 
4.6 	before a judge with notice to interested persons.
4.7 		Subd. 17.Guardian. (20) "Guardian" means a person who has qualified as a 
4.8 	guardian of a minor or incapacitated person pursuant to testamentary or court appointment, 
4.9 	but excludes one who is merely a guardian ad litem.
4.10 		Subd. 18.Heirs. (21) "Heirs" means those persons, including the surviving spouse, 
4.11 	who are entitled under the statutes of intestate succession to the property of a decedent.
4.12 		Subd. 19.Incapacitated person. (22) "Incapacitated person" is as described in 
4.13 	section 524.5-102, subdivision 6, other than a minor.
4.14 		Subd. 20.Informal proceedings. (23) "Informal proceedings" means those 
4.15 	conducted by the judge, the registrar, or the person or persons designated by the judge for 
4.16 	probate of a will or appointment of a personal representative in accordance with sections 
4.17 	524.3-301 to 524.3-311.
4.18 		Subd. 21.Interested person. (24) "Interested person" includes heirs, devisees, 
4.19 	children, spouses, creditors, beneficiaries and any others having a property right in or 
4.20 	claim against the estate of a decedent, ward or protected person which may be affected 
4.21 	by the proceeding. It also includes persons having priority for appointment as personal 
4.22 	representative, and other fiduciaries representing interested persons. The meaning as it 
4.23 	relates to particular persons may vary from time to time and must be determined according 
4.24 	to the particular purposes of, and matter involved in, any proceeding.
4.25 		Subd. 22.Lease. (27) "Lease" includes an oil, gas, or other mineral lease.
4.26 		Subd. 23.Letters. (28) "Letters" includes letters testamentary, letters of 
4.27 	guardianship, letters of administration, and letters of conservatorship.
4.28 		Subd. 24.Mortgage. (30) "Mortgage" means any conveyance, agreement or 
4.29 	arrangement in which property is used as security.
4.30 		Subd. 25.Nonresident decedent. (31) "Nonresident decedent" means a decedent 
4.31 	who was domiciled in another jurisdiction at the time of death.
4.32 		Subd. 26.Organization. (32) "Organization" includes a corporation, government or 
4.33 	governmental subdivision or agency, business trust, estate, trust, partnership or association, 
4.34 	two or more persons having a joint or common interest, or any other legal entity.
4.35 		Subd. 27.Person. (35) "Person" means an individual, a corporation, an 
4.36 	organization, or other legal entity.
5.1 		Subd. 28.Personal representative. (36) "Personal representative" includes 
5.2 	executor, administrator, successor personal representative, special administrator, and 
5.3 	persons who perform substantially the same function under the law governing their status. 
5.4 	"General personal representative" excludes special administrator.
5.5 		Subd. 29.Petition. (37) "Petition" means a written request to the court for an 
5.6 	order after notice.
5.7 		Subd. 30.Proceeding. (38) "Proceeding" includes action at law and suit in equity.
5.8 		Subd. 31.Property. (39) "Property" includes both real and personal property or any 
5.9 	interest therein and means anything that may be the subject of ownership.
5.10 		Subd. 32.Protected person. (40) "Protected person" is as described in section 
5.11 	524.5-102, subdivision 14.
5.12 		Subd. 33.Record. "Record" means information that is inscribed on a tangible 
5.13 	medium or that is stored in an electronic or other medium and is retrievable in perceivable 
5.14 	form.
5.15 		Subd. 34.Registrar. (42) "Registrar" refers to the judge of the court or the person 
5.16 	designated by the court to perform the functions of registrar as provided in section 
5.17 	524.1-307.
5.18 		Subd. 35.Security. (43) "Security" includes any note, stock, treasury stock, bond, 
5.19 	debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or 
5.20 	mining title or lease or in payments out of production under such a title or lease, collateral 
5.21 	trust certificate, transferable share, voting trust certificate or, in general, any interest or 
5.22 	instrument commonly known as a security, or any certificate of interest or participation, 
5.23 	any temporary or interim certificate, receipt or certificate of deposit for, or any warrant 
5.24 	or right to subscribe to or purchase, any of the foregoing.
5.25 		Subd. 36.Settlement. (44) "Settlement," in reference to a decedent's estate, 
5.26 	includes the full process of administration, distribution, and closing.
5.27 		Subd. 37.Sign. "Sign" means, with present intent to authenticate or adopt a record 
5.28 	other than a will:
5.29 	(1) to execute or adopt a tangible symbol; or
5.30 	(2) to attach to or logically associate with the record an electronic symbol, sound, 
5.31 	or process.
5.32 		Subd. 38.Special administrator. (45) "Special administrator" means a personal 
5.33 	representative as described by sections 524.3-614 to 524.3-618.
5.34 		Subd. 39.State. (46) "State" includes any state of the United States, the District of 
5.35 	Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to 
5.36 	the legislative authority of the United States.
6.1 		Subd. 40.Successor personal representative. (47) "Successor personal 
6.2 	representative" means a personal representative, other than a special administrator, who is 
6.3 	appointed to succeed a previously appointed personal representative.
6.4 		Subd. 41.Successors. (48) "Successors" means those persons, other than creditors, 
6.5 	who are entitled to property of a decedent under the decedent's will, this chapter or chapter 
6.6 	525. "Successors" also means a funeral director or county government that provides the 
6.7 	funeral and burial of the decedent, or a state or county agency with a claim authorized 
6.8 	under section 256B.15.
6.9 		Subd. 42.Supervised administration. (49) "Supervised administration" refers to 
6.10 	the proceedings described in sections 524.3-501 to 524.3-505.
6.11 		Subd. 43.Testacy proceeding. (51) "Testacy proceeding" means a proceeding 
6.12 	to establish a will or determine intestacy.
6.13 		Subd. 44.Trust. (53) "Trust" includes any express trust, private or charitable, 
6.14 	with additions thereto, wherever and however created. It also includes a trust created or 
6.15 	determined by judgment or decree under which the trust is to be administered in the 
6.16 	manner of an express trust. "Trust" excludes other constructive trusts, and it excludes 
6.17 	resulting trusts, conservatorships, personal representatives, trust accounts as defined in 
6.18 	chapter 528, custodial arrangements pursuant to sections 149A.97, 318.01 to 318.06, 
6.19 	527.21 to 527.44, business trusts providing for certificates to be issued to beneficiaries, 
6.20 	common trust funds, voting trusts, security arrangements, liquidation trusts, and trusts 
6.21 	for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, 
6.22 	pensions, or employee benefits of any kind, and any arrangement under which a person is 
6.23 	nominee or escrowee for another.
6.24 		Subd. 45.Trustee. (54) "Trustee" includes an original, additional, or successor 
6.25 	trustee, whether or not appointed or confirmed by court.
6.26 		Subd. 46.Ward. (55) "Ward" is as described has the meaning given in section 
6.27 	524.5-102, subdivision 17.
6.28 		Subd. 47.Will. (56) "Will" includes codicil and any testamentary instrument which 
6.29 	merely appoints an executor or revokes or revises another will.

6.30 	Sec. 3. Minnesota Statutes 2008, section 524.2-102, is amended to read:
6.31 	524.2-102 SHARE OF THE SPOUSE.
6.32 	The intestate share of a decedent's surviving spouse is:
6.33 	(1) the entire intestate estate if:
6.34 	(i) no descendant of the decedent survives the decedent; or
7.1 	(ii) all of the decedent's surviving descendants are also descendants of the surviving 
7.2 	spouse and there is no other descendant of the surviving spouse who survives the decedent;
7.3 	(2) the first $300,000, plus three-fourths of any balance of the intestate estate, if no 
7.4 	descendant of the decedent survives the decedent, but a parent of the decedent survives 
7.5 	the decedent;
7.6 	(3) the first $150,000 $225,000, plus one-half of any balance of the intestate estate, 
7.7 	if all of the decedent's surviving descendants are also descendants of the surviving spouse 
7.8 	and the surviving spouse has one or more surviving descendants who are not descendants 
7.9 	of the decedent,; or
7.10 	(4) the first $150,000, plus one-half of any balance of the intestate estate, if one or 
7.11 	more of the decedent's surviving descendants are not descendants of the surviving spouse.

7.12 	Sec. 4. Minnesota Statutes 2008, section 524.2-103, is amended to read:
7.13 	524.2-103 SHARE OF HEIRS OTHER THAN SURVIVING SPOUSE.
7.14 	(a) Any part of the intestate estate not passing to the a decedent's surviving spouse 
7.15 	under section 524.2-102, or the entire intestate estate if there is no surviving spouse, passes 
7.16 	in the following order to the individuals designated below who survive the decedent: 
7.17 	(1) to the decedent's descendants by representation;
7.18 	(2) if there is no surviving descendant, to the decedent's parents equally if both 
7.19 	survive, or to the surviving parent if only one survives;
7.20 	(3) if there is no surviving descendant or parent, to the descendants of the decedent's 
7.21 	parents or either of them by representation;
7.22 	(4) if there is no surviving descendant, parent, or descendant of a parent, but the 
7.23 	decedent is survived on both the paternal and maternal sides by one or more grandparents 
7.24 	or descendants of grandparents,:
7.25 	(i) half of the estate passes to the decedent's paternal grandparents equally if 
7.26 	both survive, or to the surviving paternal grandparent if only one survives, or to the 
7.27 	descendants of the decedent's paternal grandparents or either of them if both are deceased, 
7.28 	the descendants taking by representation; and the other
7.29 	(ii) half passes to the decedent's maternal relatives in the same manner; but if 
7.30 	there is no surviving grandparent or descendant of a grandparent on either the paternal 
7.31 	or the maternal side, the entire estate passes grandparents equally if both survive, to 
7.32 	the surviving maternal grandparent if only one survives, or to the descendants of the 
7.33 	decedent's maternal grandparents or either of them if both are deceased, the descendants 
7.34 	taking by representation;
8.1 	(5) if there is no surviving descendant, parent, or descendant of a parent, but the 
8.2 	decedent is survived by one or more grandparents or descendants of grandparents on the 
8.3 	paternal but not the maternal side, or on the maternal but not the paternal side, to the 
8.4 	decedent's relatives on the other side with one or more surviving members in the same
8.5 	manner as the half; described in clause (4).
8.6 	(5) (b) If there is no surviving descendant, parent, descendant of a parent, 
8.7 	grandparent, or descendant of a grandparent, to the next of kin in equal degree, except that 
8.8 	when there are two or more collateral kindred in equal degree claiming through different 
8.9 	ancestors, those who claim through the nearest ancestor shall take to the exclusion of those 
8.10 	claiming through an ancestor more remote. taker under paragraph (a), but the decedent has:
8.11 	(i) one deceased spouse who has one or more descendants who survive the decedent, 
8.12 	the estate or part of the estate passes to that spouse's descendants by representation; or
8.13 	(ii) more than one deceased spouse who has one or more descendants who survive 
8.14 	the decedent, an equal share of the estate or part of the estate passes to each set of 
8.15 	descendants by representation.

8.16 	Sec. 5. Minnesota Statutes 2008, section 524.2-104, is amended to read:
8.17 	524.2-104 REQUIREMENT THAT HEIR SURVIVE DECEDENT FOR OF 
8.18 	SURVIVAL BY 120 HOURS; INDIVIDUAL IN GESTATION.
8.19 	(a) For purposes of intestate succession, homestead allowance, and exempt property, 
8.20 	and except as otherwise provided in paragraph (b):
8.21 	(1) an individual born before a decedent's death who fails to survive the decedent by 
8.22 	120 hours is deemed to have predeceased the decedent for purposes of homestead, exempt 
8.23 	property, and intestate succession, and the decedent's heirs are determined accordingly. If 
8.24 	it is not established that an individual who would otherwise be an heir born before the 
8.25 	decedent's death survived the decedent by 120 hours, it is deemed that the individual failed 
8.26 	to survive for the required period. This section is not to be applied if its application would 
8.27 	result in a taking of intestate estate by the state under section 524.2-105.; and
8.28 	(2) an individual in gestation at a decedent's death is deemed to be living at the 
8.29 	decedent's death if the individual lives 120 hours after birth. If it is not established by clear 
8.30 	and convincing evidence that an individual in gestation at the decedent's death lived 120 
8.31 	hours after birth, it is deemed that the individual failed to survive for the required period.
8.32 	(b) This section does not apply if its application would cause the estate to pass to 
8.33 	the state under section 524.2-105.

9.1 	Sec. 6. Minnesota Statutes 2008, section 524.2-114, is amended to read:
9.2 	524.2-114 MEANING OF CHILD AND RELATED TERMS PARENT 
9.3 	BARRED FROM INHERITING IN CERTAIN CIRCUMSTANCES.
9.4 	If, for purposes of intestate succession, a relationship of parent and child must be 
9.5 	established to determine succession by, through, or from a person:
9.6 	(1) An adopted child is the child of an adopting parent and not of the birth parents 
9.7 	except that adoption of a child by the spouse of a birth parent has no effect on the 
9.8 	relationship between the child and that birth parent. If a parent dies and a child is 
9.9 	subsequently adopted by a stepparent who is the spouse of a surviving parent, any rights 
9.10 	of inheritance of the child or the child's descendant from or through the deceased parent 
9.11 	of the child which exist at the time of the death of that parent shall not be affected by 
9.12 	the adoption.
9.13 	(2) In cases not covered by clause (1), a person is the child of the person's parents 
9.14 	regardless of the marital status of the parents and the parent and child relationship may be 
9.15 	established under the Parentage Act, sections 257.51 to 257.74.
9.16 	(a) A parent is barred from inheriting from or through a child of the parent if:
9.17 	(1) the parent's parental rights were terminated and the parent-child relationship 
9.18 	was not judicially reestablished; or
9.19 	(2) the child died before reaching 18 years of age and there is clear and convincing 
9.20 	evidence that immediately before the child's death the parental rights of the parent 
9.21 	could have been terminated under other law of this state on the basis of nonsupport, 
9.22 	abandonment, abuse, neglect, or other actions or inactions of the parent toward the child.
9.23 	(b) For purposes of intestate succession from or through the deceased child, a parent 
9.24 	who is barred from inheriting under this section is treated as if the parent predeceased 
9.25 	the child.

9.26 	Sec. 7. Minnesota Statutes 2008, section 524.2-115, is amended to read:
9.27 	524.2-115 INSTRUMENTS REFERENCING INTESTACY LAWS
9.28 	DEFINITIONS.
9.29 	If a maker has executed a will or other instrument before January 1, 1996, which 
9.30 	directs disposition of all or part of the estate pursuant to the intestacy laws of the state 
9.31 	of Minnesota, the laws to be applied shall be in accordance with the laws of intestate 
9.32 	succession in effect on the date of the will or other instrument, unless the will or 
9.33 	instrument directs otherwise.
9.34 	In sections 524.2-115 to 524.2-122:
9.35 	(1) "adoptee" means an individual who is adopted;
10.1 	(2) "assisted reproduction" means a method of causing pregnancy other than sexual 
10.2 	intercourse;
10.3 	(3) "divorce" includes an annulment, dissolution, and declaration of invalidity of a 
10.4 	marriage;
10.5 	(4) "functioned as a parent of the child" means behaving toward a child in a manner 
10.6 	consistent with being the child's parent and performing functions that are customarily 
10.7 	performed by a parent, including fulfilling parental responsibilities toward the child, 
10.8 	recognizing or holding out the child as the individual's child, materially participating in 
10.9 	the child's upbringing, and residing with the child in the same household as a regular 
10.10 	member of that household;
10.11 	(5) "genetic father" means the man whose sperm fertilized the egg of a child's 
10.12 	genetic mother. If the father-child relationship is established under the presumption of 
10.13 	paternity under section 257.55, the term means only the man for whom that relationship 
10.14 	is established;
10.15 	(6) "genetic mother" means the woman whose egg was fertilized by the sperm of 
10.16 	the child's genetic father;
10.17 	(7) "genetic parent" means a child's genetic father or genetic mother;
10.18 	(8) "incapacity" means the inability of an individual to function as a parent of a child 
10.19 	because of the individual's physical or mental condition; and
10.20 	(9) "relative" means a grandparent or a descendant of a grandparent.

10.21 	Sec. 8. [524.2-116] EFFECT OF PARENT-CHILD RELATIONSHIP.
10.22 	Except as otherwise provided in section 524.2-119, paragraphs (b) to (e), if a 
10.23 	parent-child relationship exists or is established under sections 524.2-114 to 524.2-122, 
10.24 	the parent is a parent of the child and the child is a child of the parent for the purpose of 
10.25 	intestate succession.

10.26 	Sec. 9. [524.2-117] NO DISTINCTION BASED ON MARITAL STATUS.
10.27 	Except as otherwise provided in section 524.2-114, 524.2-119, 524.2-120, or 
10.28 	524.2-121, a parent-child relationship exists between a child and the child's genetic 
10.29 	parents, regardless of their marital status.

10.30 	Sec. 10. [524.2-118] ADOPTEE AND ADOPTEE'S ADOPTIVE PARENT OR 
10.31 	PARENTS.
10.32 	(a) A parent-child relationship exists between an adoptee and the adoptee's adoptive 
10.33 	parent or parents.
11.1 	(b) For purposes of paragraph (a):
11.2 	(1) an individual who is in the process of being adopted by a married couple when 
11.3 	one of the spouses dies is treated as adopted by the deceased spouse if the adoption is 
11.4 	subsequently granted to the decedent's surviving spouse; and
11.5 	(2) a child of a genetic parent who is in the process of being adopted by a genetic 
11.6 	parent's spouse when the spouse dies is treated as adopted by the deceased spouse if the 
11.7 	genetic parent survives the deceased spouse by 120 hours.
11.8 	(c) If, after a parent-child relationship is established between a child of assisted 
11.9 	reproduction and a parent under section 524.2-120 or between a gestational child and a 
11.10 	parent under section 524.2-121, the child is in the process of being adopted by the parent's 
11.11 	spouse when that spouse dies, the child is treated as adopted by the deceased spouse 
11.12 	for purposes of paragraph (b), clause (2).

11.13 	Sec. 11. [524.2-119] ADOPTEE AND ADOPTEE'S GENETIC PARENTS.
11.14 	(a) Except as otherwise provided in paragraphs (b) to (e), a parent-child relationship 
11.15 	does not exist between an adoptee and the adoptee's genetic parents.
11.16 	(b) A parent-child relationship exists between an individual who is adopted by the 
11.17 	spouse of either genetic parent and:
11.18 	(1) the genetic parent whose spouse adopted the individual; and
11.19 	(2) the other genetic parent, but only for the purpose of the right of the adoptee or a 
11.20 	descendant of the adoptee to inherit from or through the other genetic parent.
11.21 	(c) A parent-child relationship exists between both genetic parents and an individual 
11.22 	who is adopted by a relative of a genetic parent, or by the spouse or surviving spouse of 
11.23 	a relative of a genetic parent, but only for the purpose of the right of the adoptee or a 
11.24 	descendant of the adoptee to inherit from or through either genetic parent.
11.25 	(d) A parent-child relationship exists between both genetic parents and an individual 
11.26 	who is adopted after the death of both genetic parents, but only for the purpose of the right 
11.27 	of the adoptee or a descendant of the adoptee to inherit through either genetic parent.
11.28 	(e) If, after a parent-child relationship is established between a child of assisted 
11.29 	reproduction and a parent or parents under section 524.2-120 or between a gestational 
11.30 	child and a parent or parents under section 524.2-121, the child is adopted by another or 
11.31 	others, the child's parent or parents under section 524.2-120 or 524.2-121 are treated as the 
11.32 	child's genetic parent or parents for the purpose of this section.

11.33 	Sec. 12. [524.2-120] CHILD CONCEIVED BY ASSISTED REPRODUCTION 
11.34 	OTHER THAN A CHILD BORN TO A GESTATIONAL CARRIER.
12.1 	(a) In this section:
12.2 	(1) "birth mother" means a woman, other than a gestational carrier under section 
12.3 	524.2-121, who gives birth to a child of assisted reproduction. The term is not limited to a 
12.4 	woman who is the child's genetic mother;
12.5 	(2) "child of assisted reproduction" means a child conceived by means of assisted 
12.6 	reproduction by a woman other than a gestational carrier under section 524.2-121; and
12.7 	(3) "third-party donor" means an individual who produces eggs or sperm used for 
12.8 	assisted reproduction, whether or not for consideration. The term does not include:
12.9 	(i) a husband who provides sperm, or a wife who provides eggs, that are used for 
12.10 	assisted reproduction by the wife;
12.11 	(ii) the birth mother of a child of assisted reproduction; or
12.12 	(iii) an individual who has been determined under paragraph (e) or (f) to have a 
12.13 	parent-child relationship with a child of assisted reproduction.
12.14 	(b) A parent-child relationship does not exist between a child of assisted reproduction 
12.15 	and a third-party donor.
12.16 	(c) A parent-child relationship exists between a child of assisted reproduction and 
12.17 	the child' birth mother.
12.18 	(d) Except as otherwise provided in paragraphs (i) and (j), a parent-child relationship 
12.19 	exists between a child of assisted reproduction and the husband of the child's birth 
12.20 	mother if the husband provided the sperm that the birth mother used during his lifetime 
12.21 	for assisted reproduction.
12.22 	(e) A birth certificate identifying an individual other than the birth mother as the 
12.23 	other parent of a child of assisted reproduction presumptively establishes a parent-child 
12.24 	relationship between the child and that individual.
12.25 	(f) Except as otherwise provided in paragraphs (g), (i), and (j), and unless a 
12.26 	parent-child relationship is established under paragraph (d) or (e), a parent-child 
12.27 	relationship exists between a child of assisted reproduction and an individual other than 
12.28 	the birth mother who consented to assisted reproduction by the birth mother with intent 
12.29 	to be treated as the other parent of the child. Consent to assisted reproduction by the 
12.30 	birth mother with intent to be treated as the other parent of the child is established if 
12.31 	the individual:
12.32 	(1) before or after the child's birth, signed a record that, considering all the facts and 
12.33 	circumstances, evidences the individual's consent; or
12.34 	(2) in the absence of a signed record under clause (1):
12.35 	(i) functioned as a parent of the child no later than two years after the child's birth;
13.1 	(ii) intended to function as a parent of the child no later than two years after the 
13.2 	child's birth, but was prevented from carrying out that intent by death, incapacity, or 
13.3 	other circumstances; or
13.4 	(iii) intended to be treated as a parent of a posthumously conceived child if that 
13.5 	intent is established by clear and convincing evidence.
13.6 	(g) For the purpose of paragraph (f), clause (1), neither an individual who signed a 
13.7 	record more than two years after the birth of the child, nor a relative of that individual 
13.8 	who is not also a relative of the birth mother, inherits from or through the child unless the 
13.9 	individual functioned as a parent of the child before the child reached 18 years of age.
13.10 	(h) For the purpose of paragraph (f), clause (2):
13.11 	(1) if the birth mother is married and no divorce proceeding is pending, in the 
13.12 	absence of clear and convincing evidence to the contrary, her spouse satisfies paragraph 
13.13 	(f), clause (2), item (i) or (ii); and
13.14 	(2) if the birth mother is a surviving spouse and at her deceased spouse's death no 
13.15 	divorce proceeding was pending, in the absence of clear and convincing evidence to the 
13.16 	contrary, her deceased spouse satisfies paragraph (f), clause (2), item (ii) or (iii).
13.17 	(i) If a married couple is divorced before placement of eggs, sperm, or embryos, a 
13.18 	child resulting from the assisted reproduction is not a child of the birth mother's former 
13.19 	spouse, unless the former spouse consented in a record that if assisted reproduction were 
13.20 	to occur after divorce, the child would be treated as the former spouse's child.
13.21 	(j) If, in a record, an individual withdraws consent to assisted reproduction before 
13.22 	placement of eggs, sperm, or embryos, a child resulting from the assisted reproduction is 
13.23 	not a child of that individual, unless the individual subsequently satisfies paragraph (f).
13.24 	(k) If, under this section, an individual is a parent of a child of assisted reproduction 
13.25 	who is conceived after the individual's death, the child is treated as in gestation at the 
13.26 	individual's death for purposes of section 524.2-104, paragraph (a), clause (2), if the 
13.27 	child is:
13.28 	(1) in utero not later than 36 months after the individual's death; or
13.29 	(2) born not later than 45 months after the individual's death.

13.30 	Sec. 13. [524.2-121] CHILD BORN TO A GESTATIONAL CARRIER.
13.31 	(a) In this section:
13.32 	(1) "gestational agreement" means an enforceable or unenforceable agreement for 
13.33 	assisted reproduction in which a woman agrees to carry a child to birth for an intended 
13.34 	parent, intended parents, or an individual described in paragraph (e);
14.1 	(2) "gestational carrier" means a woman who is not an intended parent who gives 
14.2 	birth to a child under a gestational agreement. The term is not limited to a woman who is 
14.3 	the child's genetic mother;
14.4 	(3) "gestational child" means a child born to a gestational carrier under a gestational 
14.5 	agreement; and
14.6 	(4) "intended parent" means an individual who entered into a gestational agreement 
14.7 	providing that the individual will be the parent of a child born to a gestational carrier by 
14.8 	means of assisted reproduction. The term is not limited to an individual who has a genetic 
14.9 	relationship with the child.
14.10 	(b) A parent-child relationship is conclusively established by a court order 
14.11 	designating the parent or parents of a gestational child.
14.12 	(c) A parent-child relationship between a gestational child and the child's gestational 
14.13 	carrier does not exist unless the gestational carrier is:
14.14 	(1) designated as a parent of the child in a court order described in paragraph (b); or
14.15 	(2) the child's genetic mother and a parent-child relationship does not exist under 
14.16 	this section with an individual other than the gestational carrier.
14.17 	(d) In the absence of a court order under paragraph (b), a parent-child relationship 
14.18 	exists between a gestational child and an intended parent who:
14.19 	(1) functioned as a parent of the child no later than two years after the child's birth; or
14.20 	(2) died while the gestational carrier was pregnant if:
14.21 	(i) there were two intended parents and the other intended parent functioned as a 
14.22 	parent of the child no later than two years after the child's birth;
14.23 	(ii) there were two intended parents, the other intended parent also died while the 
14.24 	gestational carrier was pregnant, and a relative of either deceased intended parent or the 
14.25 	spouse or surviving spouse of a relative of either deceased intended parent functioned as a 
14.26 	parent of the child no later than two years after the child's birth; or
14.27 	(iii) there was no other intended parent and a relative of or the spouse or surviving 
14.28 	spouse of a relative of the deceased intended parent functioned as a parent of the child no 
14.29 	later than two years after the child's birth.
14.30 	(e) In the absence of a court order under paragraph (b), a parent-child relationship 
14.31 	exists between a gestational child and an individual whose sperm or eggs were used after 
14.32 	the individual's death or incapacity to conceive a child under a gestational agreement 
14.33 	entered into after the individual's death or incapacity if the individual intended to be 
14.34 	treated as the parent of the child. The individual's intent may be shown by:
14.35 	(1) a record signed by the individual that, considering all the facts and circumstances, 
14.36 	evidences the individual's intent; or
15.1 	(2) other facts and circumstances establishing the individual's intent by clear and 
15.2 	convincing evidence.
15.3 	(f) Except as otherwise provided in paragraph (g), and unless there is clear and 
15.4 	convincing evidence of a contrary intent, an individual is deemed to have intended to be 
15.5 	treated as the parent of a gestational child for purposes of paragraph (e), clause (2), if:
15.6 	(1) the individual, before death or incapacity, deposited the sperm or eggs that 
15.7 	were used to conceive the child;
15.8 	(2) when the individual deposited the sperm or eggs, the individual was married and 
15.9 	no divorce proceeding was pending; and
15.10 	(3) the individual's spouse or surviving spouse functioned as a parent of the child not 
15.11 	later than two years after the child's birth.
15.12 	(g) The presumption under paragraph (f) does not apply if there is:
15.13 	(1) a court order under paragraph (b); or
15.14 	(2) a signed record that satisfies paragraph (e), clause (1).
15.15 	(h) If, under this section, an individual is a parent of a gestational child who is 
15.16 	conceived after the individual's death, the child is treated as in gestation at the individual's 
15.17 	death for purposes of section 524.2-104, paragraph (a), clause (2), if the child is:
15.18 	(1) in utero not later than 36 months after the individual's death; or
15.19 	(2) born not later than 45 months after the individual's death.
15.20 	(i) This section does not affect any law of this state other than this chapter regarding 
15.21 	the enforceability or validity of a gestational agreement.

15.22 	Sec. 14. [524.2-122] EQUITABLE ADOPTION.
15.23 	Sections 524.2-114 to 524.2-122 do not affect the doctrine of equitable adoption.

15.24 	Sec. 15. Minnesota Statutes 2008, section 524.2-202, is amended to read:
15.25 	524.2-202 ELECTIVE SHARE.
15.26 	(a) Elective share amount. The surviving spouse of a decedent who dies domiciled 
15.27 	in this state has a right of election, under the limitations and conditions stated in this part, 
15.28 	to take an elective-share amount equal to the value of the elective-share percentage of the 
15.29 	augmented estate, determined by the length of time the spouse and the decedent were 
15.30 	married to each other, in accordance with the following schedule:

15.31
15.32		If the decedent and the spouse were 
married to each other:
		The elective-share percentage is:
	
15.33		Less than one year
		Supplemental amount only
	
15.34		One year but less than two years
		Three percent of the augmented estate
	
15.35		Two years but less than three years
		Six percent of the augmented estate
	
16.1		Three years but less than four years
		Nine percent of the augmented estate
	
16.2		Four years but less than five years
		12 percent of the augmented estate
	
16.3		Five years but less than six years
		15 percent of the augmented estate
	
16.4		Six years but less than seven years
		18 percent of the augmented estate
	
16.5		Seven years but less than eight years
		21 percent of the augmented estate
	
16.6		Eight years but less than nine years
		24 percent of the augmented estate
	
16.7		Nine years but less than ten years
		27 percent of the augmented estate
	
16.8		Ten years but less than 11 years
		30 percent of the augmented estate
	
16.9		11 years but less than 12 years
		34 percent of the augmented estate
	
16.10		12 years but less than 13 years
		38 percent of the augmented estate
	
16.11		13 years but less than 14 years
		42 percent of the augmented estate
	
16.12		14 years but less than 15 years
		46 percent of the augmented estate
	
16.13		15 years or more
		50 percent of the augmented estate
	
16.14 	(b) Supplemental elective-share amount. If the sum of the amounts described in 
16.15 	sections 524.2-207, 524.2-209, paragraph (a), clause (1), and that part of the elective-share 
16.16 	amount payable from the decedent's probate estate and nonprobate transfers to others 
16.17 	under section 524.2-209, paragraphs (b) and (c), is less than $50,000 $75,000, the 
16.18 	surviving spouse is entitled to a supplemental elective-share amount equal to $50,000
16.19 	$75,000, minus the sum of the amounts described in those sections. The supplemental 
16.20 	elective-share amount is payable from the decedent's probate estate and from recipients of 
16.21 	the decedent's nonprobate transfers to others in the order of priority set forth in section 
16.22 	524.2-209, paragraphs (b) and (c).
16.23 	(c) Effect of election on statutory benefits. If the right of election is exercised by 
16.24 	or on behalf of the surviving spouse, the surviving spouse's homestead rights and other 
16.25 	allowances under sections 524.2-402, 524.2-403 and 524.2-404, if any, are not charged 
16.26 	against but are in addition to the elective-share and supplemental elective-share amounts.
16.27 	(d) Nondomiciliary. The right, if any, of the surviving spouse of a decedent who 
16.28 	dies domiciled outside this state to take an elective share in property in this state is 
16.29 	governed by the law of the decedent's domicile at death.

16.30 	Sec. 16. Minnesota Statutes 2008, section 524.2-403, is amended to read:
16.31 	524.2-403 EXEMPT PROPERTY.
16.32 	(a) If there is a surviving spouse, then, in addition to the homestead and family 
16.33 	allowance, the surviving spouse is entitled from the estate to:
16.34 	(1) property not exceeding $10,000 $15,000 in value in excess of any security 
16.35 	interests therein, in household furniture, furnishings, appliances, and personal effects, 
16.36 	subject to an award of sentimental value property under section 525.152; and
16.37 	(2) one automobile, if any, without regard to value.
17.1 	(b) If there is no surviving spouse, the decedent's children are entitled jointly to 
17.2 	the same property as provided in paragraph (a), except that where it appears from the 
17.3 	decedent's will a child was omitted intentionally, the child is not entitled to the rights 
17.4 	conferred by this section.
17.5 	(c) If encumbered chattels are selected and the value in excess of security interests, 
17.6 	plus that of other exempt property, is less than $10,000 $15,000, or if there is not $10,000
17.7 	$15,000 worth of exempt property in the estate, the surviving spouse or children are 
17.8 	entitled to other personal property of the estate, if any, to the extent necessary to make up 
17.9 	the $10,000 $15,000 value.
17.10 	(d) Rights to exempt property and assets needed to make up a deficiency of exempt 
17.11 	property have priority over all claims against the estate, but the right to any assets to 
17.12 	make up a deficiency of exempt property abates as necessary to permit earlier payment 
17.13 	of the family allowance.
17.14 	(e) The rights granted by this section are in addition to any benefit or share passing 
17.15 	to the surviving spouse or children by the decedent's will, unless otherwise provided, by 
17.16 	intestate succession or by way of elective share.
17.17 	(f) No rights granted to a decedent's adult children under this section shall have 
17.18 	precedence over a claim under section 246.53, 256B.15, 256D.16, 261.04, or 524.3-805, 
17.19 	paragraph (a), clause (1), (2), or (3).

17.20 	Sec. 17. Minnesota Statutes 2008, section 524.2-502, is amended to read:
17.21 	524.2-502 EXECUTION; WITNESSED OR NOTARIZED WILLS; 
17.22 	HOLOGRAPHIC WILLS.
17.23 	(a) Except as otherwise provided in sections 524.2-503,524.2-506, and 524.2-513, a 
17.24 	will must be: 
17.25 	(1) in writing;
17.26 	(2) signed by the testator or in the testator's name by some other individual in the 
17.27 	testator's conscious presence and by the testator's direction or signed by the testator's 
17.28 	conservator pursuant to a court order under section 524.5-411; and 
17.29 	(3) either:
17.30 	(i) signed by at least two individuals, each of whom signed within a reasonable 
17.31 	time after witnessing the individual witnessed either the signing of the will as described 
17.32 	in clause (2) or the testator's acknowledgment of that signature or acknowledgment of 
17.33 	the will; or
17.34 	(ii) acknowledged by the testator before a notary public or other individual 
17.35 	authorized by law to take acknowledgments.
18.1 	(b) A will that does not comply with paragraph (a) is valid as a holographic will, 
18.2 	whether or not witnessed, if the signature and material portions of the document are in 
18.3 	the testator's handwriting.
18.4 	(c) Intent that a document constitute the testator's will can be established by extrinsic 
18.5 	evidence, including, for holographic wills, portions of the document that are not in the 
18.6 	testator's handwriting.

18.7 	Sec. 18. Minnesota Statutes 2008, section 524.2-504, is amended to read:
18.8 	524.2-504 SELF-PROVED WILL.
18.9 	(a) A will that is executed with attesting witnesses may be contemporaneously
18.10 	simultaneously executed, attested, and made self-proved, by acknowledgment thereof by 
18.11 	the testator and affidavits of the witnesses, each made before an officer authorized to 
18.12 	administer oaths under the laws of the state in which execution occurs and evidenced by 
18.13 	the officer's certificate, under official seal, in substantially the following form:

18.14	I, ................., the testator, sign my name to this instrument this ........ day of .................,
	
18.15		name
	
18.16
18.17
18.18
18.19
18.20	and being first duly sworn, do hereby declare to the undersigned authority that I sign and 
execute this instrument as my will and that I sign it willingly (or willingly direct another 
to sign for me), that I execute it as my free and voluntary act for the purposes therein 
expressed, and that I am 18 years of age or older, of sound mind, and under no constraint 
or undue influence.

18.21		........
	
18.22		Testator

18.23	We, ................., ................., the witnesses, sign our names to this instrument, being 
	
18.24		name
	name
	
18.25
18.26
18.27
18.28
18.29
18.30	first duly sworn, and do hereby declare to the undersigned authority that the testator signs 
and executes this instrument as the testator's will and that the testator signs it willingly (or 
willingly directs another to sign for the testator), and that each of us, in the presence and 
hearing of the testator, hereby signs this will as witness to the testator's signing, and that 
to the best of our knowledge the testator is 18 years of age or older, of sound mind, and 
under no constraint or undue influence.

18.31		........
	
18.32		Witness
	
18.33		........
	
18.34		Witness
	
19.1 	State of 
........19.2 	County of 
........19.3 	Subscribed, sworn to, and acknowledged before me by ................., the testator, and 
19.4 	subscribed and sworn to before me by ................., and ................., witnesses, this ........ 
19.5 	day of ............., ......... .
19.6 	(Seal)

19.7		(Signed) 
........		
19.8		........
		
19.9		(Official capacity of officer)
		
19.10 	(b) An attested A will that is executed with attesting witnesses may be made 
19.11 	self-proved at any time after its execution by the acknowledgment thereof by the testator 
19.12 	and the affidavits of the witnesses, each made before an officer authorized to administer 
19.13 	oaths under the laws of the state in which the acknowledgment occurs and evidenced 
19.14 	by the officer's certificate, under the official seal, attached or annexed to the will in 
19.15 	substantially the following form:
19.16 	State of 
........19.17 	County of 
........
19.18	We, ................., ................., and ................., the testator and the witnesses, 
	
19.19		name
	name
	name
	
19.20
19.21
19.22
19.23
19.24
19.25
19.26
19.27	respectively, whose names are signed to the attached or foregoing instrument, being first 
duly sworn, do hereby declare to the undersigned authority that the testator signed and 
executed the instrument as the testator's will and that the testator had signed willingly 
(or willingly directed another to sign for the testator), and that the testator executed it as 
the testator's free and voluntary act for the purposes therein expressed, and each of the 
witnesses, in the presence and hearing of the testator, signed the will as witness and that 
to the best of the witness' knowledge the testator was at the time 18 years of age or older, 
of sound mind, and under no constraint or undue influence.

19.28		........
	
19.29		Testator
	
19.30		........
	
19.31		Witness
	
19.32		........
	
19.33		Witness
	
20.1 	Subscribed, sworn to, and acknowledged before me by ................., the testator, and 
20.2 	subscribed and sworn to before me by ................., and ................., witnesses, this ........ 
20.3 	day of ..............., ......... .
20.4 	(Seal)

20.5		(Signed) 
........		
20.6		........
		
20.7		(Official capacity of officer)
		
20.8 	(c) A signature affixed to a self-proving affidavit attached to a will is considered a 
20.9 	signature affixed to the will, if necessary to prove the will's due execution.

20.10 	Sec. 19. Minnesota Statutes 2008, section 524.2-705, is amended to read:
20.11 	524.2-705 CLASS GIFTS CONSTRUED TO ACCORD WITH INTESTATE 
20.12 	SUCCESSION; EXCEPTIONS.
20.13 	Adopted individuals and individuals born out of wedlock (a) In this section:
20.14 	(1) "adoptee" has the meaning given in section 524.2-115;
20.15 	(2) "child of assisted reproduction" has the meaning given in section 524.2-120;
20.16 	(3) "distribution date" means the time when an immediate or a postponed class gift 
20.17 	is to take effect in possession or enjoyment;
20.18 	(4) "functioned as a parent of the adoptee" has the meaning given in section 
20.19 	524.2-115, substituting "adoptee" for "child" in that definition;
20.20 	(5) "functioned as a parent of the child" has the meaning given in section 524.2-115;
20.21 	(6) "genetic parent" has the meaning given in section 524.2-115; and
20.22 	(7) "gestational child" has the meaning given in section 524.2-121;
20.23 	(8) "relative" has the meaning given in section 524.2-115.
20.24 	(b) A class gift that uses a term of relationship to identify the class members includes 
20.25 	a child of assisted reproduction, a gestational child, and, except as otherwise provided in 
20.26 	paragraphs (e) and (f), an adoptee and a child born to parents who are not married to each 
20.27 	other, and their respective descendants if appropriate to the class, are included in class 
20.28 	gifts and other terms of relationship in accordance with the rules for intestate succession
20.29 	regarding parent-child relationships.
20.30 	(c) Terms of relationship in a governing instrument that do not differentiate 
20.31 	relationships by blood from those by affinity marriage, such as "uncles,""aunts,""nieces,"
20.32 	or "nephews," are presumed construed to exclude relatives by affinity. marriage, unless:
20.33 	(1) when the governing instrument was executed, the class was then and foreseeably 
20.34 	would be empty; or
21.1 	(2) the language or circumstances otherwise establish that relatives by marriage were 
21.2 	intended to be included.
21.3 	(d) Terms of relationship in a governing instrument that do not differentiate 
21.4 	relationships by the half blood from those by the whole blood, such as "brothers,""sisters,"
21.5 	"nieces," or "nephews," are presumed to include both types of relationships.
21.6 	(e) In construing a dispositive provision of a transferor who is not the genetic 
21.7 	parent, a child of a genetic parent is not considered the child of the genetic parent unless 
21.8 	the genetic parent, a relative of the genetic parent, or the spouse or surviving spouse 
21.9 	of a relative of the genetic parent functioned as a parent of the child before the child 
21.10 	reached 18 years of age.
21.11 	(f) In construing a dispositive provision of a transferor who is not the adoptive 
21.12 	parent, an adoptee is not considered the child of the adoptive parent unless:
21.13 	(1) the adoption took place before the adoptee reached 18 years of age;
21.14 	(2) the adoptive parent was the adoptee's stepparent or foster parent; or
21.15 	(3) the adoptive parent functioned as a parent of the adoptee before the adoptee 
21.16 	reached 18 years of age.
21.17 	(g) The following rules apply for purposes of the class-closing rules:
21.18 	(1) a child in utero at a particular time is treated as living at that time if the child 
21.19 	lives 120 hours after birth;
21.20 	(2) if a child of assisted reproduction or a gestational child is conceived 
21.21 	posthumously and the distribution date is the deceased parent's death, the child is treated 
21.22 	as living on the distribution date if the child lives 120 hours after birth and was in utero 
21.23 	not later than 36 months after the deceased parent's death or born not later than 45 months 
21.24 	after the deceased parent's death; and
21.25 	(3) an individual who is in the process of being adopted when the class closes is 
21.26 	treated as adopted when the class closes if the adoption is subsequently granted.

21.27 	Sec. 20. [524.2-805] REFORMATION TO CORRECT MISTAKES.
21.28 	The court may reform the terms of a governing instrument, even if unambiguous, 
21.29 	to conform the terms to the transferor's intention if it is proved by clear and convincing 
21.30 	evidence that the transferor's intent and the terms of the governing instrument were 
21.31 	affected by a mistake of fact or law, whether in expression or inducement.

21.32 	Sec. 21. [524.2-806] MODIFICATION TO ACHIEVE TRANSFEROR'S TAX 
21.33 	OBJECTIVES.
22.1 	To achieve the transferor's tax objectives, the court may modify the terms of a 
22.2 	governing instrument in a manner that is not contrary to the transferor's probable intention. 
22.3 	The court may provide that the modification has retroactive effect.

22.4 	Sec. 22. Minnesota Statutes 2008, section 524.3-406, is amended to read:
22.5 	524.3-406 FORMAL TESTACY PROCEEDINGS; CONTESTED CASES; 
22.6 	TESTIMONY OF ATTESTING WITNESSES.
22.7 	(a) If evidence concerning execution of an attested will which is not self-proved is 
22.8 	necessary in contested cases, the testimony of at least one of the attesting witnesses, if 
22.9 	within the state competent and able to testify, is required. Due execution of a will may be 
22.10 	proved by other evidence.
22.11 	(b) If the will is self-proved, compliance with signature requirements for execution 
22.12 	is conclusively presumed and other requirements of execution are presumed subject to 
22.13 	rebuttal without the testimony of any witness upon filing the will and the acknowledgment 
22.14 	and affidavits annexed or attached thereto, unless there is proof of fraud or forgery 
22.15 	affecting the acknowledgment or affidavit.
22.16 	In a contested case in which the proper execution of a will is at issue, the following 
22.17 	rules apply:
22.18 	(1) if the will is self-proved pursuant to section 524.2-504, the will complies with 
22.19 	the requirements for execution without the testimony of any attesting witness, upon filing 
22.20 	the will and the acknowledgment and affidavits annexed or attached to it, unless there is 
22.21 	evidence of fraud or forgery affecting the acknowledgment or affidavit;
22.22 	(2) if the will is notarized pursuant to section 524.2-502, paragraph (a), clause (3), 
22.23 	item (ii), but not self-proved, there is a rebuttable presumption that the will complies with 
22.24 	the requirements for execution upon filing the will; and
22.25 	(3) if the will is witnessed pursuant to section 524.2-502, paragraph (a), clause (3), 
22.26 	item (i), but not notarized or self-proved, the testimony of at least one of the attesting 
22.27 	witnesses is required to establish proper execution if the witness is within this state, 
22.28 	competent, and able to testify. Proper execution may be established by other evidence, 
22.29 	including an affidavit of an attesting witness. An attestation clause that is signed by the 
22.30 	attesting witnesses raises a rebuttable presumption that the events recited in the clause 
22.31 	occurred.

22.32 	Sec. 23. Minnesota Statutes 2008, section 524.8-101, is amended to read:
22.33 	524.8-101 PROVISIONS FOR TRANSITION.
23.1 	Except as provided elsewhere in this chapter, on the effective date of this chapter or 
23.2 	of an amendment to this chapter:
23.3 	(1) the chapter or the amendment applies to any wills of decedents dying thereafter;
23.4 	(2) the chapter or the amendment applies to any proceedings in court then pending 
23.5 	or thereafter commenced regardless of the time of the death of decedent except to the 
23.6 	extent that in the opinion of the court the former procedure should be made applicable 
23.7 	in a particular case in the interest of justice or because of infeasibility of application 
23.8 	of the procedure of this chapter;
23.9 	(3) every personal representative including a person administering an estate of 
23.10 	a minor or incompetent holding an appointment on that date, continues to hold the 
23.11 	appointment but has only the powers conferred by this chapter or the amendment and is 
23.12 	subject to the duties imposed with respect to any act occurring or done thereafter;
23.13 	(4) an act done before the effective date in any proceeding and any accrued right 
23.14 	is not impaired by this chapter or the amendment. If a right is acquired, extinguished or 
23.15 	barred upon the expiration of a prescribed period of time which has commenced to run 
23.16 	by the provisions of any statute before the effective date, the provisions shall remain in 
23.17 	force with respect to that right;
23.18 	(5) any rule of construction or presumption provided in this chapter or the 
23.19 	amendment applies to instruments executed and multiple party accounts opened before the 
23.20 	effective date unless there is a clear indication of a contrary intent.

23.21 	Sec. 24. REPEALER.
 23.22 	Minnesota Statutes 2008, section 524.2-108, is repealed.

23.23 	ARTICLE 2
23.24 	UNIFORM ESTATE TAX APPORTIONMENT ACT

23.25 	Section 1. Minnesota Statutes 2008, section 524.3-916, is amended to read:
23.26 	524.3-916 APPORTIONMENT OF ESTATE TAXES AND 
23.27 	GENERATION-SKIPPING TAX.
23.28 		Subdivision 1.Definitions. (a) For purposes of this section:, the terms defined in 
23.29 	this subdivision have the meanings given them.
23.30 	(1) "estate" means the gross estate of a decedent as determined for the purpose of 
23.31 	federal estate tax or the estate tax payable to this state;
23.32 	(2) "decedent's generation-skipping transfers" means all generation-skipping 
23.33 	transfers as determined for purposes of the federal generation-skipping tax which occur by 
24.1 	reason of the decedent's death which relate to property which is included in the decedent's 
24.2 	estate;
24.3 	(3) "person" means any individual, partnership, association, joint stock company, 
24.4 	corporation, limited liability company, government, political subdivision, governmental 
24.5 	agency, or local governmental agency;
24.6 	(4) "person interested in the estate" means any person entitled to receive, or who has 
24.7 	received, from a decedent or by reason of the death of a decedent any property or interest 
24.8 	therein included in the decedent's estate. It includes a personal representative, guardian, 
24.9 	conservator, trustee, and custodian;
24.10 	(5) "state" means any state, territory, or possession of the United States, the District 
24.11 	of Columbia, and the Commonwealth of Puerto Rico;
24.12 	(6) "estate tax" means the federal estate tax and the state estate tax determined by the 
24.13 	commissioner of revenue pursuant to chapter 291 and interest and penalties imposed in 
24.14 	addition to the tax;
24.15 	(7) "decedent's generation-skipping tax" means the federal generation-skipping 
24.16 	tax imposed on the decedent's generation-skipping transfers and interest and penalties 
24.17 	imposed in addition to the tax;
24.18 	(8) "fiduciary" means personal representative or trustee.
24.19 	(b) Unless the will or other governing instrument otherwise provides:
24.20 	(1) the estate tax shall be apportioned among all persons interested in the estate. The 
24.21 	apportionment is to be made in the proportion that the value of the interest of each person 
24.22 	interested in the estate bears to the total value of the interests of all persons interested in 
24.23 	the estate. The values used in determining the tax are to be used for that purpose; and
24.24 	(2) the decedent's generation-skipping tax shall be apportioned as provided by 
24.25 	federal law. To the extent not provided by federal law, the decedent's generation-skipping 
24.26 	tax shall be apportioned among all persons receiving the decedent's generation-skipping 
24.27 	transfers whose tax apportionment is not provided by federal law in the proportion that the 
24.28 	value of the transfer to each person bears to the total value of all such transfers.
24.29 	If the decedent's will or other written instrument directs a method of apportionment 
24.30 	of estate tax or of the decedent's generation-skipping tax different from the method 
24.31 	described in this section, the method described in the will or other written instrument 
24.32 	controls provided, however, that:
24.33 	(i) unless the decedent's will or other written instrument specifically indicates an 
24.34 	intent to waive any right of recovery under section 2207A of the Internal Revenue Code of 
24.35 	1986, as amended, estate taxes must be apportioned under the method described in this 
25.1 	section to property included in the decedent's estate under section 2044 of the Internal 
25.2 	Revenue Code of 1986, as amended; and
25.3 	(ii) unless the decedent's will or other written instrument specifically indicates an 
25.4 	intent to waive any right of recovery under section 2207B of the Internal Revenue Code of 
25.5 	1986, as amended, estate taxes must be apportioned under the method described in this 
25.6 	section to property included in the decedent's estate under section 2036 of the Internal 
25.7 	Revenue Code of 1986, as amended.
25.8 	(c)(1) The court in which venue lies for the administration of the estate of a decedent, 
25.9 	on petition for the purpose may determine the apportionment of the estate tax or of the 
25.10 	decedent's generation-skipping tax.
25.11 	(2) If the court finds that it is inequitable to apportion interest and penalties in 
25.12 	the manner provided in subsection (b), because of special circumstances, it may direct 
25.13 	apportionment thereof in the manner it finds equitable.
25.14 	(3) If the court finds that the assessment of penalties and interest assessed in relation 
25.15 	to the estate tax or the decedent's generation-skipping tax is due to delay caused by the 
25.16 	negligence of the fiduciary, the court may charge the fiduciary with the amount of the 
25.17 	assessed penalties and interest.
25.18 	(4) In any action to recover from any person interested in the estate the amount of 
25.19 	the estate tax or of the decedent's generation-skipping tax apportioned to the person in 
25.20 	accordance with this section the determination of the court in respect thereto shall be 
25.21 	prima facie correct.
25.22 	(d)(1) The personal representative or other person in possession of the property 
25.23 	of the decedent required to pay the estate tax or the decedent's generation-skipping tax 
25.24 	may withhold from any property distributable to any person interested in the estate, 
25.25 	upon its distribution, the amount of any taxes attributable to the person's interest. If the 
25.26 	property in possession of the personal representative or other person required to pay any 
25.27 	taxes and distributable to any person interested in the estate is insufficient to satisfy the 
25.28 	proportionate amount of the taxes determined to be due from the person, the personal 
25.29 	representative or other person required to pay any taxes may recover the deficiency from 
25.30 	the person interested in the estate. If the property is not in the possession of the personal 
25.31 	representative or the other person required to pay any taxes, the personal representative or 
25.32 	the other person required to pay any taxes may recover from any person interested in the 
25.33 	estate the amount of any taxes apportioned to the person in accordance with this section.
25.34 	(2) If property held by the personal representative or other person in possession 
25.35 	of the property of the decedent required to pay the estate tax or the decedent's 
25.36 	generation-skipping tax is distributed prior to final apportionment of the estate tax or 
26.1 	the decedent's generation-skipping tax, the distributee shall provide a bond or other 
26.2 	security for the apportionment liability in the form and amount prescribed by the personal 
26.3 	representative or other person, as the case may be.
26.4 	(e)(1) In making an apportionment, allowances shall be made for any exemptions 
26.5 	granted, any classification made of persons interested in the estate and for any deductions 
26.6 	and credits allowed by the law imposing the tax.
26.7 	(2) Any exemption or deduction allowed by reason of the relationship of any person 
26.8 	to the decedent, by reason of the purposes of the gift, or by allocation to the gift (either 
26.9 	by election by the fiduciary or by operation of federal law), inures to the benefit of the 
26.10 	person bearing such relationship or receiving the gift; but if an interest is subject to a prior 
26.11 	present interest which is not allowable as a deduction, the tax apportionable against the 
26.12 	present interest shall be paid from principal.
26.13 	(3) Any deduction for property previously taxed and any credit for gift taxes or 
26.14 	death taxes of a foreign country paid by the decedent or the decedent's estate inures to the 
26.15 	proportionate benefit of all persons liable to apportionment.
26.16 	(4) Any credit for inheritance, succession or estate taxes or taxes in the nature 
26.17 	thereof applicable to property or interests includable in the estate, inures to the benefit of 
26.18 	the persons or interests chargeable with the payment thereof to the extent proportionately 
26.19 	that the credit reduces the tax.
26.20 	(5) To the extent that property passing to or in trust for a surviving spouse or any 
26.21 	charitable, public or similar gift or devise is not an allowable deduction for purposes of 
26.22 	the estate tax solely by reason of an estate tax imposed upon and deductible from the 
26.23 	property, the property is not included in the computation provided for in subsection (b)(1) 
26.24 	hereof, and to that extent no apportionment is made against the property. The sentence 
26.25 	immediately preceding does not apply to any case if the result would be to deprive the 
26.26 	estate of a deduction otherwise allowable under section 2053(d) of the Internal Revenue 
26.27 	Code of 1986, as amended, of the United States, relating to deduction for state death taxes 
26.28 	on transfers for public, charitable, or religious uses.
26.29 	(f) No interest in income and no estate for years or for life or other temporary interest 
26.30 	in any property or fund is subject to apportionment as between the temporary interest 
26.31 	and the remainder. The estate tax on the temporary interest and the estate tax, if any, on 
26.32 	the remainder is chargeable against the corpus of the property or funds subject to the 
26.33 	temporary interest and remainder. The decedent's generation-skipping tax is chargeable 
26.34 	against the property which constitutes the decedent's generation-skipping transfer.
26.35 	(g) Neither the personal representative nor other person required to pay the tax is 
26.36 	under any duty to institute any action to recover from any person interested in the estate 
27.1 	the amount of the estate tax or of the decedent's generation-skipping tax apportioned to the 
27.2 	person until the final determination of the tax. A personal representative or other person 
27.3 	required to pay the estate tax or decedent's generation-skipping tax who institutes the 
27.4 	action within a reasonable time after final determination of the tax is not subject to any 
27.5 	liability or surcharge because any portion of the tax apportioned to any person interested 
27.6 	in the estate was collectible at a time following the death of the decedent but thereafter 
27.7 	became uncollectible. If the personal representative or other person required to pay the 
27.8 	estate tax or decedent's generation-skipping tax cannot collect from any person interested 
27.9 	in the estate the amount of the tax apportioned to the person, the amount not recoverable 
27.10 	shall be equitably apportioned among the other persons interested in the estate who are 
27.11 	subject to apportionment of the tax involved.
27.12 	(h) A personal representative acting in another state or a person required to pay the 
27.13 	estate tax or decedent's generation-skipping tax domiciled in another state may institute an 
27.14 	action in the courts of this state and may recover a proportionate amount of the federal 
27.15 	estate tax, of an estate tax payable to another state or of a death duty due by a decedent's 
27.16 	estate to another state, or of the decedent's generation-skipping tax, from a person 
27.17 	interested in the estate who is either domiciled in this state or who owns property in this 
27.18 	state subject to attachment or execution. For the purposes of the action the determination 
27.19 	of apportionment by the court having jurisdiction of the administration of the decedent's 
27.20 	estate in the other state is prima facie correct.
27.21 	(b) "Advanced fraction" means a fraction that has as its numerator the amount of 
27.22 	the advanced tax and as its denominator the value of the interests in insulated property 
27.23 	to which that tax is attributable.
27.24 	(c) "Advanced tax" means the aggregate amount of estate tax attributable to interests 
27.25 	in insulated property which is required to be advanced by uninsulated holders under 
27.26 	subdivision 5, paragraph (b).
27.27 	(d) "Apportionable estate" means the value of the gross estate as finally determined 
27.28 	for purposes of the estate tax to be apportioned, reduced by:
27.29 	(1) any claim or expense allowable as a deduction for purposes of the tax;
27.30 	(2) the value of any interest in property that, for purposes of the tax, qualifies for a 
27.31 	marital or charitable deduction or otherwise is deductible or is exempt; and 
27.32 	(3) any amount added to the decedent's gross estate because of a gift tax on transfers 
27.33 	made before death.
27.34 	(e) "Estate tax" means a federal, state, or foreign tax imposed because of the death 
27.35 	of an individual and interest and penalties associated with the tax. The term does not 
28.1 	include an inheritance tax, income tax, or generation-skipping transfer tax other than a 
28.2 	generation-skipping transfer tax incurred on a direct skip taking effect at death.
28.3 	(f) "Gross estate" means, with respect to an estate tax, all interests in property 
28.4 	subject to the tax.
28.5 	(g) "Insulated property" means property subject to a time-limited interest which is 
28.6 	included in the apportionable estate but is unavailable for payment of an estate tax because 
28.7 	of impossibility or impracticability.
28.8 	(h) "Person" means an individual, corporation, business trust, estate, trust, 
28.9 	partnership, limited liability company, association, joint venture, public corporation, 
28.10 	government, governmental subdivision, agency, or instrumentality, or any other legal or 
28.11 	commercial entity.
28.12 	(i) "Ratable" means apportioned or allocated pro rata according to the relative values 
28.13 	of interests to which the term is to be applied. "Ratably" has a corresponding meaning.
28.14 	(j) "Special elective benefit" means a reduction in an estate tax obtained by an 
28.15 	election for:
28.16 	(1) a reduced valuation of specified property that is included in the gross estate;
28.17 	(2) a deduction from the gross estate, other than a marital or charitable deduction, 
28.18 	allowed for specified property; or 
28.19 	(3) an exclusion from the gross estate of specified property.
28.20 	(k) "Specified property" means property for which an election has been made for a 
28.21 	special elective benefit.
28.22 	(l) "Time-limited interest" means an interest in property which terminates on a lapse 
28.23 	of time or on the occurrence or nonoccurrence of an event or which is subject to the 
28.24 	exercise of discretion that could transfer a beneficial interest to another person. The term 
28.25 	does not include a cotenancy unless the cotenancy itself is a time-limited interest.
28.26 	(m) "Uninsulated holder" means a person who has an interest in uninsulated property.
28.27 	(n) "Uninsulated property" means property included in the apportionable estate other 
28.28 	than insulated property. 
28.29 	(o) "Value" means, with respect to an interest in property, fair market value as 
28.30 	finally determined for purposes of the estate tax that is to be apportioned, reduced by any 
28.31 	outstanding debt secured by the interest without reduction for taxes paid or required to be 
28.32 	paid or for any special valuation adjustment.
28.33 		Subd. 2.Statutory apportionment of estate taxes. (a) To the extent that 
28.34 	apportionment of an estate tax is not controlled by an instrument described in subdivision 
28.35 	3 and except as otherwise provided in subdivisions 5 and 6, the rules in this subdivision 
28.36 	apply.
29.1 	(b) Subject to paragraphs (c), (d), and (e), the estate tax is apportioned ratably to 
29.2 	each person that has an interest in the apportionable estate.
29.3 	(c) A generation-skipping transfer tax incurred on a direct skip taking effect at death 
29.4 	is charged to the person to which the interest in property is transferred.
29.5 	(d) If property is included in the decedent's gross estate because of section 2044 of 
29.6 	the Internal Revenue Code of 1986 or any similar estate tax provision, the difference 
29.7 	between the total estate tax for which the decedent's estate is liable and the amount of 
29.8 	estate tax for which the decedent's estate would have been liable if the property had not 
29.9 	been included in the decedent's gross estate is apportioned ratably among the holders of 
29.10 	interests in the property. The balance of the tax, if any, is apportioned ratably to each other 
29.11 	person having an interest in the apportionable estate.
29.12 	(e) Except as otherwise provided in subdivision 3, paragraph (b), clause (4), and 
29.13 	except as to property to which subdivision 6 applies, an estate tax apportioned to persons 
29.14 	holding interests in property subject to a time-limited interest must be apportioned, 
29.15 	without further apportionment, to the principal of that property.
29.16 		Subd. 3.Apportionment by will or other dispositive instrument. (a) Except as 
29.17 	otherwise provided in paragraph (c), the following rules apply:
29.18 	(1) To the extent that a provision of a decedent's will expressly and unambiguously 
29.19 	directs the apportionment of an estate tax, the tax must be apportioned accordingly.
29.20 	(2) Any portion of an estate tax not apportioned pursuant to clause (1) must be 
29.21 	apportioned in accordance with any provision of a revocable trust of which the decedent 
29.22 	was the settlor which expressly and unambiguously directs the apportionment of an 
29.23 	estate tax. If conflicting apportionment provisions appear in two or more revocable trust 
29.24 	instruments, the provision in the most recently dated instrument prevails. For purposes 
29.25 	of this clause: 
29.26 	(i) a trust is revocable if it was revocable immediately after the trust instrument was 
29.27 	executed, even if the trust subsequently becomes irrevocable; and
29.28 	(ii) the date of an amendment to a revocable trust instrument is the date of the 
29.29 	amended instrument only if the amendment contains an apportionment provision.
29.30 	(3) If any portion of an estate tax is not apportioned pursuant to clause (1) or (2), and 
29.31 	a provision in any other dispositive instrument expressly and unambiguously directs that 
29.32 	any interest in the property disposed of by the instrument is or is not to be applied to the 
29.33 	payment of the estate tax attributable to the interest disposed of by the instrument, the 
29.34 	provision controls the apportionment of the tax to that interest.
29.35 	(b) Subject to paragraph (c), and unless the decedent expressly and unambiguously 
29.36 	directs the contrary, the following rules apply:
30.1 	(1) If an apportionment provision directs that a person receiving an interest in 
30.2 	property under an instrument is to be exonerated from the responsibility to pay an estate 
30.3 	tax that would otherwise be apportioned to the interest:
30.4 	(i) the tax attributable to the exonerated interest must be apportioned among the 
30.5 	other persons receiving interests passing under the instrument; or
30.6 	(ii) if the values of the other interests are less than the tax attributable to the 
30.7 	exonerated interest, the deficiency must be apportioned ratably among the other persons 
30.8 	receiving interests in the apportionable estate that are not exonerated from apportionment 
30.9 	of the tax.
30.10 	(2) If an apportionment provision directs that an estate tax is to be apportioned to 
30.11 	an interest in property, a portion of which qualifies for a marital or charitable deduction, 
30.12 	the estate tax must first be apportioned ratably among the holders of the portion that does 
30.13 	not qualify for a marital or charitable deduction and then apportioned ratably among the 
30.14 	holders of the deductible portion to the extent that the value of the nondeductible portion 
30.15 	is insufficient.
30.16 	(3) Except as otherwise provided in clause (4), if an apportionment provision 
30.17 	directs that an estate tax be apportioned to property in which one or more time-limited 
30.18 	interests exist, other than interests in specified property under subdivision 6, the tax must 
30.19 	be apportioned to the principal of that property, regardless of the deductibility of some 
30.20 	of the interests in that property.
30.21 	(4) If an apportionment provision directs that an estate tax is to be apportioned to the 
30.22 	holders of interests in property in which one or more time-limited interests exist and a 
30.23 	charity has an interest that otherwise qualifies for an estate tax charitable deduction, the 
30.24 	tax must first be apportioned, to the extent feasible, to interests in property that have not 
30.25 	been distributed to the persons entitled to receive the interests.
30.26 	(c) A provision that apportions an estate tax is ineffective to the extent that it 
30.27 	increases the tax apportioned to a person having an interest in the gross estate over 
30.28 	which the decedent had no power to transfer immediately before the decedent executed 
30.29 	the instrument in which the apportionment direction was made. For purposes of this 
30.30 	paragraph, a testamentary power of appointment is a power to transfer the property that 
30.31 	is subject to the power.
30.32 		Subd. 4.Credits and deferrals. Except as otherwise provided in subdivisions 5 and 
30.33 	6, the following rules apply to credits and deferrals of estate taxes:
30.34 	(1) A credit resulting from the payment of gift taxes or from estate taxes paid on 
30.35 	property previously taxed inures ratably to the benefit of all persons to which the estate 
30.36 	tax is apportioned.
31.1 	(2) A credit for state or foreign estate taxes inures ratably to the benefit of all 
31.2 	persons to which the estate tax is apportioned, except that the amount of a credit for 
31.3 	a state or foreign tax paid by a beneficiary of the property on which the state or foreign 
31.4 	tax was imposed, directly or by a charge against the property, inures to the benefit of 
31.5 	the beneficiary.
31.6 	(3) If payment of a portion of an estate tax is deferred because of the inclusion in the 
31.7 	gross estate of a particular interest in property, the benefit of the deferral inures ratably to 
31.8 	the persons to which the estate tax attributable to the interest is apportioned. The burden 
31.9 	of any interest charges incurred on a deferral of taxes and the benefit of any tax deduction 
31.10 	associated with the accrual or payment of the interest charge is allocated ratably among 
31.11 	the persons receiving an interest in the property.
31.12 		Subd. 5.Insulated property: advancement of tax. (a) If an estate tax is to be 
31.13 	advanced pursuant to paragraph (b) by persons holding interests in uninsulated property 
31.14 	subject to a time-limited interest other than property to which subdivision 6 applies, the 
31.15 	tax must be advanced, without further apportionment, from the principal of the uninsulated 
31.16 	property.
31.17 	(b) Subject to subdivision 8, paragraphs (b) and (d), an estate tax attributable to 
31.18 	interests in insulated property must be advanced ratably by uninsulated holders. If 
31.19 	the value of an interest in uninsulated property is less than the amount of estate taxes 
31.20 	otherwise required to be advanced by the holder of that interest, the deficiency must be 
31.21 	advanced ratably by the persons holding interests in properties that are excluded from the 
31.22 	apportionable estate under subdivision 1, paragraph (d), clause 2, as if those interests were 
31.23 	in uninsulated property.
31.24 	(c) A court having jurisdiction to determine the apportionment of an estate tax may 
31.25 	require a beneficiary of an interest in insulated property to pay all or part of the estate tax 
31.26 	otherwise apportioned to the interest if the court finds that it would be substantially more 
31.27 	equitable for that beneficiary to bear the tax liability personally than for that part of the 
31.28 	tax to be advanced by uninsulated holders.
31.29 	(d) When a distribution of insulated property is made, each uninsulated holder may 
31.30 	recover from the distributee a ratable portion of the advanced fraction of the property 
31.31 	distributed. To the extent that undistributed insulated property ceases to be insulated, 
31.32 	each uninsulated holder may recover from the property a ratable portion of the advanced 
31.33 	fraction of the total undistributed property.
31.34 	(e) Upon a distribution of insulated property for which, pursuant to paragraph (c), 
31.35 	the distributee becomes obligated to make a payment to uninsulated holders, a court may 
32.1 	award an uninsulated holder a recordable lien on the distributee's property to secure the 
32.2 	distributee's obligation to that uninsulated holder.
32.3 		Subd. 6.Apportionment and recapture of special elective benefits. (a) If an 
32.4 	election is made for one or more special elective benefits, an initial apportionment of a 
32.5 	hypothetical estate tax must be computed as if no election for any of those benefits had 
32.6 	been made. The aggregate reduction in estate tax resulting from all elections made must 
32.7 	be allocated among holders of interests in the specified property in the proportion that 
32.8 	the amount of deduction, reduced valuation, or exclusion attributable to each holder's 
32.9 	interest bears to the aggregate amount of deductions, reduced valuations, and exclusions 
32.10 	obtained by the decedent's estate from the elections. If the estate tax initially apportioned 
32.11 	to the holder of an interest in specified property is reduced to zero, any excess amount of 
32.12 	reduction reduces ratably the estate tax apportioned to other persons that receive interests 
32.13 	in the apportionable estate.
32.14 	(b) An additional estate tax imposed to recapture all or part of a special elective 
32.15 	benefit must be charged to the persons that are liable for the additional tax under the 
32.16 	law providing for the recapture.
32.17 		Subd. 7.Securing payment of estate tax from property in possession of 
32.18 	fiduciary. (a) A fiduciary may defer a distribution of property until the fiduciary is 
32.19 	satisfied that adequate provision for payment of the estate tax has been made.
32.20 	(b) A fiduciary may withhold from a distributee an amount equal to the amount of 
32.21 	estate tax apportioned to an interest of the distributee.
32.22 	(c) As a condition to a distribution, a fiduciary may require the distributee to provide 
32.23 	a bond or other security for the portion of the estate tax apportioned to the distributee.
32.24 		Subd. 8.Collection of estate tax by fiduciary. (a) A fiduciary responsible for 
32.25 	payment of an estate tax may collect from any person the tax apportioned to and the 
32.26 	tax required to be advanced by the person.
32.27 	(b) Except as otherwise provided in subdivision 5, any estate tax due from a person 
32.28 	that cannot be collected from the person may be collected by the fiduciary from other 
32.29 	persons in the following order of priority:
32.30 	(1) any person having an interest in the apportionable estate which is not exonerated 
32.31 	from the tax;
32.32 	(2) any other person having an interest in the apportionable estate; and
32.33 	(3) any person having an interest in the gross estate.
32.34 	(c) A domiciliary fiduciary may recover from an ancillary personal representative the 
32.35 	estate tax apportioned to the property controlled by the ancillary personal representative.
33.1 	(d) The total tax collected from a person pursuant to this section may not exceed 
33.2 	the value of the person's interest.
33.3 		Subd. 9.Right of reimbursement. (a) A person required under subdivision 8 to 
33.4 	pay an estate tax greater than the amount due from  the person  under subdivision 2 or 3 
33.5 	has a right to reimbursement from another person  to the extent that the other person has 
33.6 	not paid the tax required by subdivision 2 or 3 and a right to reimbursement ratably from 
33.7 	other persons to the extent that each has not contributed a portion of the amount collected 
33.8 	under subdivision 8, paragraph (b).
33.9 	(b) A fiduciary may enforce the right of reimbursement under paragraph (a) on 
33.10 	behalf of the person that is entitled to the reimbursement and shall take reasonable steps to 
33.11 	do so if requested by the person.
33.12 		Subd. 10.Action to determine or enforce act. A fiduciary, transferee, or 
33.13 	beneficiary of the gross estate may maintain an action for declaratory judgment to have a 
33.14 	court determine and enforce this section.
33.15 		Subd. 11.Uniformity of application and construction. In applying and construing 
33.16 	this section, consideration must be given to the need to promote uniformity of the 
33.17 	law with respect to its subject matter among states that enact the Uniform Estate Tax 
33.18 	Apportionment Act.
33.19 		Subd. 12.Short title. This section may be cited as the "Uniform Estate Tax 
33.20 	Apportionment Act."
33.21 		Subd. 13.Delayed application. (a) Subdivisions 2 to 6 do not apply to the estate 
33.22 	of a decedent who dies on or within three years after January 1, 2010, nor to the estate 
33.23 	of a decedent who dies more than three years after January 1, 2010, if the decedent 
33.24 	continuously lacked testamentary capacity from the expiration of the three-year period 
33.25 	until the date of death.
33.26 	(b) For the estate of a decedent who dies on or after January 1, 2010, to which 
33.27 	subdivisions 2 to 6 do not apply, estate taxes must be apportioned pursuant to the law in 
33.28 	effect immediately before January 1, 2010.

33.29 	Sec. 2. EFFECTIVE DATE.
 33.30 	Section 1 is effective for taxes payable after December 31, 2009.

33.31 	ARTICLE 3
33.32 	UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT

33.33 	Section 1. [524.2-1101] SHORT TITLE.
34.1 	Sections 524.2-1101 to 524.2-1116 may be cited as the "Uniform Disclaimer of 
34.2 	Property Interests Act."

34.3 	Sec. 2. [524.2-1102] DEFINITIONS.
34.4 	As used in sections 524.2-1101 to 524.2-1116:
34.5 	(1) "benefactor means the creator of the interest that is subject to a disclaimer;
34.6 	(2) "beneficiary designation" means an instrument, other than an instrument creating 
34.7 	or amending a trust, naming the beneficiary of:
34.8 	(i) an annuity or insurance policy;
34.9 	(ii) an account with a designation for payment on death;
34.10 	(iii) a security registered in beneficiary form;
34.11 	(iv) a pension, profit-sharing, retirement, or other employment-related benefit plan; 
34.12 	or
34.13 	(v) any other nonprobate transfer at death;
34.14 	(3) "disclaimant" means the person to whom a disclaimed interest or power would 
34.15 	have passed had the disclaimer not been made;
34.16 	(4) "disclaimed interest" or "power" means the portion of the interest that would 
34.17 	have passed to the disclaimant had the disclaimer not been made;
34.18 	(5) "disclaimer" means the refusal to accept an interest in or power over property;
34.19 	(6) "fiduciary" means a personal representative, trustee of a trust, agent acting under 
34.20 	a power of attorney, conservator, or other person authorized to act as a fiduciary with 
34.21 	respect to the property of another person;
34.22 	(7) "future interest" means an interest that takes effect in possession or enjoyment, if 
34.23 	at all, later than the time of its creation;
34.24 	(8) "holder" means a person who has an interest in or power over property;
34.25 	(9) "insolvent" means that the sum of a person's debts is greater than all of the 
34.26 	person's assets at fair valuation. A person is presumed to be "insolvent" if the person is 
34.27 	generally not paying debts as they become due. Assets do not include property that has 
34.28 	been transferred, concealed, or removed, with intent to hinder, delay, or defraud creditors, 
34.29 	or has been transferred in a manner making the transfer voidable. Debts do not include 
34.30 	an obligation to the extent it is secured by a valid lien or property of the debtor not 
34.31 	included as an asset;
34.32 	(10) "jointly held property" means property held in the names of two or more 
34.33 	persons under an arrangement in which all holders have concurrent interests and under 
34.34 	which the last surviving holder is entitled to the whole of the property;
35.1 	(11) "person" means an individual, living, deceased, or unborn, ascertained 
35.2 	or unascertained, whether entitled to an interest by right of intestacy or otherwise, 
35.3 	corporation, business trust, partnership, limited liability company, association, joint 
35.4 	venture, government, government subdivision, agency or instrumentality, public 
35.5 	corporation, or other commercial entity;
35.6 	(12) "time of distribution" means the time when a disclaimed interest would have 
35.7 	taken effect in possession or enjoyment;
35.8 	(13) "state" means a state of the United States, the District of Columbia, the 
35.9 	Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory of 
35.10 	insular possession subject to the jurisdiction of the United States. The term includes an 
35.11 	Indian tribe or band, or Alaskan native village, recognized by federal law or formally 
35.12 	acknowledged by a state; and
35.13 	(14) "trust" means:
35.14 	(i) an express trust charitable or noncharitable, with additions thereto, whenever 
35.15 	and however created; and
35.16 	(ii) a trust created pursuant to a statute, judgment, or decree which requires the trust 
35.17 	be administered in the manner of an express trust.

35.18 	Sec. 3. [524.2-1103] SCOPE.
35.19 	Sections 524.2-1101 to 524.2-1116 apply to disclaimers of any interest in or power 
35.20 	over property, whenever created. Except as provided in section 524.2-1116, sections 
35.21 	524.2-1101 to 524.2-1116 are the exclusive means by which a disclaimer may be made 
35.22 	under Minnesota law.

35.23 	Sec. 4. [524.2-1104] TAX-QUALIFIED DISCLAIMER.
35.24 	If the disclaimant is not insolvent, notwithstanding any other provision of sections 
35.25 	524.2-1101 to 524.2-1116, if, as a result of a disclaimer or transfer, the disclaimed or 
35.26 	transferred interest is treated pursuant to the provisions of section 2518 of the Internal 
35.27 	Revenue Code of 1986, as in effect on January 1, 2010, as never having been transferred to 
35.28 	the disclaimant, then the disclaimer or transfer is effective as a disclaimer under sections 
35.29 	524.2-1101 to 524.2-1116.

35.30 	Sec. 5. [524.2-1105] WHEN DISCLAIMER IS PERMITTED.
35.31 	A disclaimer may be made at any time unless it is barred under section 524.2-1106. 
35.32 	Nevertheless, as to a disclaimer intended to be a qualified disclaimer for federal tax 
36.1 	purposes, the disclaimer must be received within the time limit specified in section 
36.2 	2518(b) of the Internal Revenue Code of 1986.

36.3 	Sec. 6. [524.2-1106] WHEN DISCLAIMER IS BARRED OR LIMITED.
36.4 	(a) A disclaimer is barred by a written waiver of the right to disclaim.
36.5 	(b) A disclaimer of an interest in property is barred if any of the following events 
36.6 	occur before the disclaimer becomes effective:
36.7 	(1) the disclaimant accepts the portion of the interest sought to be disclaimed;
36.8 	(2) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the 
36.9 	portion of the interest sought to be disclaimed or contracts to do so;
36.10 	(3) the portion of the interest sought to be disclaimed is sold pursuant to a judicial 
36.11 	sale; or
36.12 	(4) the disclaimant is insolvent when the disclaimer becomes irrevocable.
36.13 	(c) A disclaimer, in whole or in part, of the future exercise of a power held in a 
36.14 	fiduciary capacity is not barred by its previous exercise.
36.15 	(d) A disclaimer, in whole or in part, of the future exercise of a power not held in a 
36.16 	fiduciary capacity is not barred by its previous exercise unless the power is exercisable in 
36.17 	favor of the disclaimant.
36.18 	(e) A disclaimer of an interest in, or a power over, property which is barred by 
36.19 	this section is ineffective.

36.20 	Sec. 7. [524.2-1107] POWER TO DISCLAIM; GENERAL REQUIREMENTS; 
36.21 	WHEN IRREVOCABLE.
36.22 	(a) A person may disclaim, in whole or in part, any interest in or power over 
36.23 	property, including a power of appointment. A person may disclaim the interest or power 
36.24 	even if its creator imposed a spendthrift provision or similar restriction on transfer or a 
36.25 	restriction or limitation on the right to disclaim.
36.26 	(b) With court approval, a fiduciary may disclaim, in whole or in part, any interest in 
36.27 	or power over property, including a power of appointment when acting in a representative 
36.28 	capacity. Without court approval, a fiduciary may disclaim, in whole or in part, any interest 
36.29 	in or power over property, including a power of appointment, if and to the extent that the 
36.30 	instrument creating the fiduciary relationship explicitly grants the fiduciary the right to 
36.31 	disclaim. With court approval, a custodial parent may disclaim on behalf of a minor child 
36.32 	for whom no conservator has been appointed, in whole or in part, any interest in or power 
36.33 	over property, including a power of appointment, which the minor child is to receive.
37.1 	(c) To be effective, a disclaimer must be in writing, declare the writing as a 
37.2 	disclaimer, describe the interest or power disclaimed, and be signed by the person or 
37.3 	fiduciary making the disclaimer and acknowledged in the manner provided for deeds of 
37.4 	real estate to be recorded in this state. In addition, for a disclaimer to be effective, an 
37.5 	original of the disclaimer must be delivered or filed in the manner provided in section 
37.6 	524.2-1114.
37.7 	(d) A partial disclaimer may be expressed as a fraction, percentage, monetary 
37.8 	amount, term of years, limitation of a power, or any other interest or estate in the property.
37.9 	(e) A disclaimer becomes irrevocable when the disclaimer is delivered or filed 
37.10 	pursuant to section 524.2-1114 or it becomes effective as provided in sections 524.2-1108 
37.11 	to 524.2-1113, whichever occurs later.
37.12 	(f) A disclaimer made under sections 524.2-1101 to 524.2-1116 is not a transfer, 
37.13 	assignment, or release.

37.14 	Sec. 8. [524.2-1108] DISCLAIMER OF INTEREST IN PROPERTY.
37.15 	(a) Except for a disclaimer governed by section 524.2-1109 or 524.2-1110, the rules 
37.16 	in paragraphs (b) to (d) apply to a disclaimer of an interest in property.
37.17 	(b) The disclaimer takes effect as of the time the instrument creating the interest 
37.18 	becomes irrevocable, or, if the interest arose under the law of intestate succession, as of 
37.19 	the time of the intestate's death.
37.20 	(c) The disclaimed interest passes according to any provision in the instrument 
37.21 	creating the interest providing for the disposition of the interest, should it be disclaimed, 
37.22 	or as disclaimed interests in general.
37.23 	(d) If the instrument does not contain a provision described in paragraph (c), the 
37.24 	following rules apply:
37.25 	(1) if the disclaimant is an individual, the disclaimed interest passes as if the 
37.26 	disclaimant had died immediately before the interest was created, unless under the 
37.27 	governing instrument or other applicable law, the disclaimed interest is contingent on 
37.28 	surviving to the time of distribution, in which case the disclaimed interest passes as if 
37.29 	the disclaimant had died immediately before the time for distribution. However, if, by 
37.30 	law or under the governing instrument, the descendants of the disclaimant would share 
37.31 	in the disclaimed interest by any method of representation had the disclaimant died 
37.32 	before the time of distribution, the disclaimed interest passes only to the descendants of 
37.33 	the disclaimant who survive the time of distribution. For purposes of this paragraph, a 
37.34 	disclaimed interest is created at the death of the benefactor or such earlier time, if any, that 
37.35 	the benefactor's transfer of the interest is a completed gift for federal gift tax purposes. 
38.1 	Also for purposes of this paragraph, a disclaimed interest in an inter vivos trust and other 
38.2 	will substitutes that do not lapse with certainty under state law shall pass as if the interest 
38.3 	had been created under a will;
38.4 	(2) if the disclaimant is not an individual, the disclaimed interest passes as if the 
38.5 	disclaimant did not exist; and
38.6 	(3) upon the disclaimer of a preceding interest, a future interest held by a person 
38.7 	other than the disclaimant takes effect as if the disclaimant had died or ceased to exist 
38.8 	immediately before the time of distribution, but a future interest held by the disclaimant is 
38.9 	not accelerated in possession or enjoyment as a result of the disclaimer.

38.10 	Sec. 9. [524.2-1109] DISCLAIMER OF RIGHTS OF SURVIVORSHIP IN 
38.11 	JOINTLY HELD PROPERTY.
38.12 	(a) Upon the death of a holder of jointly held property:
38.13 	(1) if, during the deceased holder's lifetime, the deceased holder could have 
38.14 	unilaterally regained a portion of the property attributable to the deceased holder's 
38.15 	contributions without the consent of any other holder, another holder may disclaim, in 
38.16 	whole or in part, a fractional share of that portion of the property attributable to the 
38.17 	deceased holder's contributions determined by dividing the number one by the number of 
38.18 	joint holders alive immediately after the death of the holder to whose death the disclaimer 
38.19 	relates; and
38.20 	(2) for all other jointly held property, another holder may disclaim, in whole or 
38.21 	in part, a fraction of the whole of the property the numerator of which is one and the 
38.22 	denominator of which is the product of the number of joint holders alive immediately 
38.23 	before the death of the holder to whose death the disclaimer relates multiplied by the 
38.24 	number of joint holders alive immediately after the death of the holder to whose death the 
38.25 	disclaimer relates.
38.26 	(b) A disclaimer under paragraph (a) takes effect as of the death of the holder of 
38.27 	jointly held property to whose death the disclaimer relates.
38.28 	(c) An interest in jointly held property disclaimed by a surviving holder of the 
38.29 	property passes as if the disclaimant predeceased the holder to whose death the disclaimer 
38.30 	relates.

38.31 	Sec. 10. [524.2-1110] DISCLAIMER OF INTEREST BY TRUSTEE.
38.32 	If a trustee having the power to disclaim under the instrument creating the fiduciary 
38.33 	relationship or pursuant to court order disclaims an interest in property that otherwise 
38.34 	would have become trust property, the interest does not become trust property.

39.1 	Sec. 11. [524.2-1111] DISCLAIMER OF POWER OF APPOINTMENT OR 
39.2 	OTHER POWER NOT HELD IN A FIDUCIARY CAPACITY.
39.3 	If a holder disclaims a power of appointment or other power not held in a fiduciary 
39.4 	capacity, the following rules apply:
39.5 	(1) if the holder has not exercised the power, the disclaimer takes effect as of the 
39.6 	time the instrument creating the power becomes irrevocable;
39.7 	(2) if the holder has exercised the power, the disclaimer takes effect immediately 
39.8 	after the last exercise of the power; and
39.9 	(3) the instrument creating the power is construed as if the power expired when 
39.10 	the disclaimer became effective.

39.11 	Sec. 12. [524.2-1112] DISCLAIMER BY APPOINTEE, OBJECT, OR TAKER IN 
39.12 	DEFAULT OF EXERCISE OF POWER OF APPOINTMENT.
39.13 	(a) A disclaimer of an interest in property by an appointee of a power of appointment 
39.14 	takes effect as of the time the instrument by which the holder exercises the power becomes 
39.15 	irrevocable.
39.16 	(b) A disclaimer of an interest in property by an object, or taker in default of an 
39.17 	exercise of a power of appointment, takes effect as of the time the instrument creating 
39.18 	the power becomes irrevocable.

39.19 	Sec. 13. [524.2-1113] DISCLAIMER OF POWER HELD IN FIDUCIARY 
39.20 	CAPACITY.
39.21 	(a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been 
39.22 	exercised, the disclaimer takes effect as of the time the instrument creating the power 
39.23 	becomes irrevocable.
39.24 	(b) If a fiduciary disclaims a power held in a fiduciary capacity which has been 
39.25 	exercised, the disclaimer takes effect immediately after the last exercise of the power.
39.26 	(c) A disclaimer under this section is effective as to another fiduciary if:
39.27 	(1) the disclaimer so provides; and
39.28 	(2) the fiduciary disclaiming has the authority to bind the estate, trust, or other 
39.29 	person for whom the fiduciary is acting.

39.30 	Sec. 14. [524.2-1114] DELIVERY OR FILING.
39.31 	(a) Subject to paragraphs (b) to (l), delivery of a disclaimer may be effective 
39.32 	by personal delivery, first-class mail, or any other method that results in its receipt. 
39.33 	A disclaimer sent by first-class mail is deemed to have been delivered on the date it is 
40.1 	postmarked. Delivery by any other method is effective upon receipt by the person to 
40.2 	whom the disclaimer is to be delivered under this section.
40.3 	(b) In the case of a disclaimer of an interest created under the law of intestate 
40.4 	succession or an interest created by will, other than an interest in a testamentary trust:
40.5 	(1) the disclaimer must be delivered to the personal representative of the decedent's 
40.6 	estate; or
40.7 	(2) if no personal representative is serving when the disclaimer is sought to be 
40.8 	delivered, the disclaimer must be filed with the clerk of the court in any county where 
40.9 	venue of administration would be proper.
40.10 	(c) In the case of a disclaimer of an interest in a testamentary trust:
40.11 	(1) the disclaimer must be delivered to the trustee serving when the disclaimer is 
40.12 	delivered or, if no trustee is then serving, to the personal representative of the decedent's 
40.13 	estate; or
40.14 	(2) if no personal representative is serving when the disclaimer is sought to be 
40.15 	delivered, the disclaimer must be filed with the clerk of the court in any county where 
40.16 	venue of administration of the decedent's estate would be proper.
40.17 	(d) In the case of a disclaimer of an interest in an inter vivos trust:
40.18 	(1) the disclaimer must be delivered to the trustee serving when the disclaimer is 
40.19 	delivered;
40.20 	(2) if no trustee is then serving, it must be filed with the clerk of the court in any 
40.21 	county where the filing of a notice of trust would be proper; or
40.22 	(3) if the disclaimer is made before the time the instrument creating the trust becomes 
40.23 	irrevocable, the disclaimer must be delivered to the person with the power to revoke the 
40.24 	revocable trust or the transferor of the interest or to such person's legal representative.
40.25 	(e) In the case of a disclaimer of an interest created by a beneficiary designation 
40.26 	made before the time the designation becomes irrevocable, the disclaimer must be 
40.27 	delivered to the person with the person making the beneficiary designation or to such 
40.28 	person's legal representative.
40.29 	(f) In the case of a disclaimer of an interest created by a beneficiary designation 
40.30 	made after the time the designation becomes irrevocable, the disclaimer must be delivered 
40.31 	to the person obligated to distribute the interest.
40.32 	(g) In the case of a disclaimer by a surviving holder of jointly held property, the 
40.33 	disclaimer must be delivered to the person to whom the disclaimed interest passes or, if 
40.34 	such person cannot reasonably be located by the disclaimant, the disclaimer must be 
40.35 	delivered as provided in paragraph (b).
41.1 	(h) In the case of a disclaimer by an object, or taker in default of exercise, of a 
41.2 	power of appointment at any time after the power was created, the disclaimer must be 
41.3 	delivered to:
41.4 	(1) the holder of the power; or
41.5 	(2) the fiduciary acting under the instrument that created the power or, if no fiduciary 
41.6 	is serving when the disclaimer is sought to be delivered, filed with a court having authority 
41.7 	to appoint the fiduciary.
41.8 	(i) In the case of a disclaimer by an appointee of a nonfiduciary power of 
41.9 	appointment, the disclaimer must be delivered to:
41.10 	(1) the holder of the power or the personal representative of the holder's estate; or
41.11 	(2) the fiduciary under the instrument that created the power or, if no fiduciary is 
41.12 	serving when the disclaimer is sought to be delivered, filed with a court having authority 
41.13 	to appoint the fiduciary.
41.14 	(j) In the case of a disclaimer by a fiduciary of a power over a trust or estate, the 
41.15 	disclaimer must be delivered as provided in paragraph (b), (c), or (d) as if the power 
41.16 	disclaimed were an interest in property.
41.17 	(k) In the case of a disclaimer of a power exercisable by an agent, other than a power 
41.18 	exercisable by a fiduciary over a trust or estate, the disclaimer must be delivered to the 
41.19 	principal or the principal's representative.
41.20 	(l) Notwithstanding paragraph (a), delivery of a disclaimer of an interest in or 
41.21 	relating to real estate shall be presumed upon the recording of the disclaimer in the office 
41.22 	of the clerk of the court of the county or counties where the real estate is located.
41.23 	(m) A fiduciary or other person having custody of the disclaimed interest is not 
41.24 	liable for any otherwise proper distribution or other disposition made without actual 
41.25 	notice of the disclaimer or, if the disclaimer is barred under section 524.2-1106, for any 
41.26 	otherwise proper distribution or other disposition made in reliance on the disclaimer, if 
41.27 	the distribution or disposition is made without actual knowledge of the facts constituting 
41.28 	the bar of the right to disclaim.

41.29 	Sec. 15. [524.2-1115] RECORDING OF DISCLAIMER RELATING TO REAL 
41.30 	ESTATE.
41.31 	(a) A disclaimer of an interest in or relating to real estate does not provide 
41.32 	constructive notice to all persons unless the disclaimer contains a legal description of the 
41.33 	real estate to which the disclaimer relates and unless the disclaimer is filed for recording in 
41.34 	the office of the county recorder in the county or counties where the real estate is located.
42.1 	(b) An effective disclaimer meeting the requirements of paragraph (a) constitutes 
42.2 	constructive notice to all persons from the time of filing. Failure to record the disclaimer 
42.3 	does not affect its validity as between the disclaimant and persons to whom the property 
42.4 	interest or power passes by reason of the disclaimer.

42.5 	Sec. 16. [524.2-1116] APPLICATION TO EXISTING RELATIONSHIPS.
42.6 	Except as otherwise provided in section 524.2-1106, an interest in or power over 
42.7 	property existing on January 1, 2010, as to which the time for delivering or filing a 
42.8 	disclaimer under laws superseded by sections 524.2-1101 to 524.2-1116 has not expired, 
42.9 	may be disclaimed after January 1, 2010.

42.10 	Sec. 17. REPEALER.
 42.11 	Minnesota Statutes 2008, sections 501B.86; and 525.532, are repealed.

42.12 	Sec. 18. EFFECTIVE DATE.
 42.13 	Sections 1 to 17 are effective January 1, 2010.

42.14 	ARTICLE 4
42.15 	UNIFORM POWER OF ATTORNEY ACT

42.16 	Section 1. [523A.101] SHORT TITLE.
42.17 	This chapter may be cited as the "Uniform Power of Attorney Act."

42.18 	Sec. 2. [523A.102] DEFINITIONS.
42.19 	(a) The definitions in this section apply to this chapter.
42.20 	(b) "Agent" means a person granted authority to act for a principal under a power 
42.21 	of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term 
42.22 	includes an original agent, co-agent, successor agent, and a person to which an agent's 
42.23 	authority is delegated.
42.24 	(c) "Durable," with respect to a power of attorney, means not terminated by the 
42.25 	principal's incapacity.
42.26 	(d) "Electronic" means relating to technology having electrical, digital, magnetic, 
42.27 	wireless, optical, electromagnetic, or similar capabilities.
42.28 	(e) "Good faith" means honesty in fact.
42.29 	(f) "Incapacity" means inability of an individual to manage property or business 
42.30 	affairs because the individual:
43.1 	(1) has an impairment in the ability to receive and evaluate information or make or 
43.2 	communicate decisions even with the use of technological assistance; or
43.3 	(2) is:
43.4 	(i) missing;
43.5 	(ii) detained, including incarcerated in a penal system; or
43.6 	(iii) outside the United States and unable to return.
43.7 	(g) "Person" means an individual, corporation, business trust, estate, trust, 
43.8 	partnership, limited liability company, association, joint venture, public corporation, 
43.9 	government or governmental subdivision, agency, or instrumentality, or any other legal or 
43.10 	commercial entity.
43.11 	(h) "Power of attorney" means a writing or other record that grants authority to an 
43.12 	agent to act in the place of the principal, whether or not the term power of attorney is used.
43.13 	(i) "Presently exercisable general power of appointment," with respect to property 
43.14 	or a property interest subject to a power of appointment, means power exercisable at the 
43.15 	time in question to vest absolute ownership in the principal individually, the principal's 
43.16 	estate, the principal's creditors, or the creditors of the principal's estate. The term includes 
43.17 	a power of appointment not exercisable until the occurrence of a specified event, the 
43.18 	satisfaction of an ascertainable standard, or the passage of a specified period only after 
43.19 	the occurrence of the specified event, the satisfaction of the ascertainable standard, or 
43.20 	the passage of the specified period. The term does not include a power exercisable in a 
43.21 	fiduciary capacity or only by will.
43.22 	(j) "Principal" means an individual who grants authority to an agent in a power of 
43.23 	attorney.
43.24 	(k) "Property" means anything that may be the subject of ownership, whether real or 
43.25 	personal, or legal or equitable, or any interest or right therein.
43.26 	(l) "Record" means information that is inscribed on a tangible medium or that is 
43.27 	stored in an electronic or other medium and is retrievable in perceivable form.
43.28 	(m) "Sign" means, with present intent to authenticate or adopt a record:
43.29 	(1) to execute or adopt a tangible symbol; or
43.30 	(2) to attach to or logically associate with the record an electronic sound, symbol, 
43.31 	or process.
43.32 	(n) "State" means a state of the United States, the District of Columbia, Puerto 
43.33 	Rico, the United States Virgin Islands, or any territory or insular possession subject to the 
43.34 	jurisdiction of the United States.
43.35 	(o) "Stocks and bonds" means stocks, bonds, mutual funds, and all other types of 
43.36 	securities and financial instruments, whether held directly, indirectly, or in any other 
44.1 	manner. The term does not include commodity futures contracts and call or put options on 
44.2 	stocks or stock indexes.

44.3 	Sec. 3. [523A.103] APPLICABILITY.
44.4 	This chapter applies to all powers of attorney except:
44.5 	(1) a power to the extent it is coupled with an interest in the subject of the power, 
44.6 	including a power given to or for the benefit of a creditor in connection with a credit 
44.7 	transaction;
44.8 	(2) a power to make health care decisions;
44.9 	(3) a proxy or other delegation to exercise voting rights or management rights with 
44.10 	respect to an entity; and
44.11 	(4) a power created on a form prescribed by a government or governmental 
44.12 	subdivision, agency, or instrumentality for a governmental purpose.

44.13 	Sec. 4. [523A.104] POWER OF ATTORNEY IS DURABLE.
44.14 	A power of attorney created under this chapter is durable unless it expressly provides 
44.15 	that it is terminated by the incapacity of the principal.

44.16 	Sec. 5. [523A.105] EXECUTION OF POWER OF ATTORNEY.
44.17 	A power of attorney must be signed by the principal or in the principal's conscious 
44.18 	presence by another individual directed by the principal to sign the principal's name on the 
44.19 	power of attorney. A signature on a power of attorney is presumed to be genuine if the 
44.20 	principal acknowledges the signature before a notary public or other individual authorized 
44.21 	by law to take acknowledgments.

44.22 	Sec. 6. [523A.106] VALIDITY OF POWER OF ATTORNEY.
44.23 	(a) A power of attorney executed in this state on or after January 1, 2010, is valid if 
44.24 	its execution complies with section 523A.105.
44.25 	(b) A power of attorney executed in this state before January 1, 2010, is valid if its 
44.26 	execution complied with the law of this state as it existed at the time of execution.
44.27 	(c) A power of attorney executed other than in this state is valid in this state if, when 
44.28 	the power of attorney was executed, the execution complied with:
44.29 	(1) the law of the jurisdiction that determines the meaning and effect of the power of 
44.30 	attorney pursuant to section 523A.107; or
44.31 	(2) the requirements for a military power of attorney pursuant to United States 
44.32 	Code, title 10, section 1044b.
45.1 	(d) Except as otherwise provided by statute other than this chapter, a photocopy 
45.2 	or electronically transmitted copy of an original power of attorney has the same effect 
45.3 	as the original.

45.4 	Sec. 7. [523A.107] MEANING AND EFFECT OF POWER OF ATTORNEY.
45.5 	The meaning and effect of a power of attorney is determined by the law of the 
45.6 	jurisdiction indicated in the power of attorney and, in the absence of an indication of 
45.7 	jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.

45.8 	Sec. 8. [523A.108] NOMINATION OF CONSERVATOR OR GUARDIAN; 
45.9 	RELATION OF AGENT TO COURT-APPOINTED FIDUCIARY.
45.10 	(a) In a power of attorney, a principal may nominate a conservator or guardian of 
45.11 	the principal's estate or guardian of the principal's person for consideration by the court if 
45.12 	protective proceedings for the principal's estate or person are begun after the principal 
45.13 	executes the power of attorney. Except for good cause shown or disqualification, the court 
45.14 	shall make its appointment in accordance with the principal's most recent nomination.
45.15 	(b) If, after a principal executes a power of attorney, a court appoints a conservator 
45.16 	or guardian of the principal's estate or other fiduciary charged with the management of 
45.17 	some or all of the principal's property, the agent is accountable to the fiduciary as well 
45.18 	as to the principal. The power of attorney is not terminated and the agent's authority 
45.19 	continues unless limited, suspended, or terminated by the court.

45.20 	Sec. 9. [523A.109] WHEN POWER OF ATTORNEY EFFECTIVE.
45.21 	(a) A power of attorney is effective when executed unless the principal provides in 
45.22 	the power of attorney that it becomes effective at a future date or upon the occurrence 
45.23 	of a future event or contingency.
45.24 	(b) If a power of attorney becomes effective upon the occurrence of a future event or 
45.25 	contingency, the principal, in the power of attorney, may authorize one or more persons to 
45.26 	determine in a writing or other record that the event or contingency has occurred.
45.27 	(c) If a power of attorney becomes effective upon the principal's incapacity and the 
45.28 	principal has not authorized a person to determine whether the principal is incapacitated, 
45.29 	or the person authorized is unable or unwilling to make the determination, the power of 
45.30 	attorney becomes effective upon a determination in a writing or other record by:
45.31 	(1) a physician or licensed psychologist that the principal is incapacitated within the 
45.32 	meaning of section 523A.102, paragraph (f), clause (1); or
46.1 	(2) an attorney at law, a judge, or an appropriate governmental official that the 
46.2 	principal is incapacitated within the meaning of section 523A.102, paragraph (f), clause 
46.3 	(2).
46.4 	(d) A person authorized by the principal in the power of attorney to determine 
46.5 	that the principal is incapacitated may act as the principal's personal representative 
46.6 	pursuant to the federal Health Insurance Portability and Accountability Act, sections 1171 
46.7 	through 1179, of the Social Security Act, United States Code, title 42, section 1320d, and 
46.8 	applicable regulations, to obtain access to the principal's health care information and 
46.9 	communicate with the principal's health care provider.

46.10 	Sec. 10. [523A.110] TERMINATION OF POWER OF ATTORNEY OR 
46.11 	AGENT'S AUTHORITY.
46.12 	(a) A power of attorney terminates when:
46.13 	(1) the principal dies;
46.14 	(2) the principal becomes incapacitated, if the power of attorney is not durable;
46.15 	(3) the principal revokes the power of attorney;
46.16 	(4) the power of attorney provides that it terminates;
46.17 	(5) the purpose of the power of attorney is accomplished; or
46.18 	(6) the principal revokes the agent's authority or the agent dies, becomes 
46.19 	incapacitated, or resigns, and the power of attorney does not provide for another agent to 
46.20 	act under the power of attorney.
46.21 	(b) An agent's authority terminates when:
46.22 	(1) the principal revokes the authority;
46.23 	(2) the agent dies, becomes incapacitated, or resigns;
46.24 	(3) an action is filed for the dissolution or annulment of the agent's marriage to the 
46.25 	principal or their legal separation, unless the power of attorney otherwise provides; or
46.26 	(4) the power of attorney terminates.
46.27 	(c) Unless the power of attorney otherwise provides, an agent's authority is 
46.28 	exercisable until the authority terminates under paragraph (b), notwithstanding a lapse of 
46.29 	time since the execution of the power of attorney.
46.30 	(d) Termination of an agent's authority or of a power of attorney is not effective as 
46.31 	to the agent or another person that, without actual knowledge of the termination, acts in 
46.32 	good faith under the power of attorney. An act so performed, unless otherwise invalid or 
46.33 	unenforceable, binds the principal and the principal's successors in interest.
46.34 	(e) Incapacity of the principal of a power of attorney that is not durable does not 
46.35 	revoke or terminate the power of attorney as to an agent or other person that, without 
47.1 	actual knowledge of the incapacity, acts in good faith under the power of attorney. An 
47.2 	act so performed, unless otherwise invalid or unenforceable, binds the principal and the 
47.3 	principal's successors in interest.
47.4 	(f) The execution of a power of attorney does not revoke a power of attorney 
47.5 	previously executed by the principal unless the subsequent power of attorney provides that 
47.6 	the previous power of attorney is revoked or that all other powers of attorney are revoked.

47.7 	Sec. 11. [523A.111] CO-AGENTS AND SUCCESSOR AGENTS.
47.8 	(a) A principal may designate two or more persons to act as co-agents. Unless 
47.9 	the power of attorney otherwise provides, each co-agent may exercise its authority 
47.10 	independently.
47.11 	(b) A principal may designate one or more successor agents to act if an agent resigns, 
47.12 	dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal 
47.13 	may grant authority to designate one or more successor agents to an agent or other person 
47.14 	designated by name, office, or function. Unless the power of attorney otherwise provides, 
47.15 	a successor agent:
47.16 	(1) has the same authority as that granted to the original agent; and
47.17 	(2) may not act until all predecessor agents have resigned, died, become 
47.18 	incapacitated, are no longer qualified to serve, or have declined to serve.
47.19 	(c) Except as otherwise provided in the power of attorney and paragraph (d), an 
47.20 	agent that does not participate in or conceal a breach of fiduciary duty committed by 
47.21 	another agent, including a predecessor agent, is not liable for the actions of the other agent.
47.22 	(d) An agent that has actual knowledge of a breach or imminent breach of fiduciary 
47.23 	duty by another agent shall notify the principal and, if the principal is incapacitated, 
47.24 	take any action reasonably appropriate in the circumstances to safeguard the principal's 
47.25 	best interest. An agent that fails to notify the principal or take action as required by this 
47.26 	paragraph is liable for the reasonably foreseeable damages that could have been avoided if 
47.27 	the agent had notified the principal or taken such action.

47.28 	Sec. 12. [523A.112] REIMBURSEMENT AND COMPENSATION OF AGENT.
47.29 	Unless the power of attorney otherwise provides, an agent is entitled to 
47.30 	reimbursement of expenses reasonably incurred on behalf of the principal and to 
47.31 	compensation that is reasonable under the circumstances.

47.32 	Sec. 13. [523A.113] AGENT'S ACCEPTANCE.
48.1 	Except as otherwise provided in the power of attorney, a person accepts appointment 
48.2 	as an agent under a power of attorney by exercising authority or performing duties as an 
48.3 	agent or by any other assertion or conduct indicating acceptance.

48.4 	Sec. 14. [523A.114] AGENT'S DUTIES.
48.5 	(a) Notwithstanding provisions in the power of attorney, an agent that has accepted 
48.6 	appointment shall:
48.7 	(1) act in accordance with the principal's reasonable expectations to the extent 
48.8 	actually known by the agent and, otherwise, in the principal's best interest;
48.9 	(2) act in good faith; and
48.10 	(3) act only within the scope of authority granted in the power of attorney.
48.11 	(b) Except as otherwise provided in the power of attorney, an agent that has accepted 
48.12 	appointment shall:
48.13 	(1) act loyally for the principal's benefit;
48.14 	(2) act so as not to create a conflict of interest that impairs the agent's ability to act 
48.15 	impartially in the principal's best interest;
48.16 	(3) act with the care, competence, and diligence ordinarily exercised by agents 
48.17 	in similar circumstances;
48.18 	(4) keep a record of all receipts, disbursements, and transactions made on behalf of 
48.19 	the principal;
48.20 	(5) cooperate with a person that has authority to make health care decisions for the 
48.21 	principal to carry out the principal's reasonable expectations to the extent actually known 
48.22 	by the agent and, otherwise, act in the principal's best interest; and
48.23 	(6) attempt to preserve the principal's estate plan, to the extent actually known 
48.24 	by the agent, if preserving the plan is consistent with the principal's best interest based 
48.25 	on all relevant factors, including:
48.26 	(i) the value and nature of the principal's property;
48.27 	(ii) the principal's foreseeable obligations and need for maintenance;
48.28 	(iii) minimization of taxes, including income, estate, inheritance, generation-skipping 
48.29 	transfer, and gift taxes; and
48.30 	(iv) eligibility for a benefit, a program, or assistance under a statute or regulation.
48.31 	(c) An agent that acts in good faith is not liable to any beneficiary of the principal's 
48.32 	estate plan for failure to preserve the plan.
48.33 	(d) An agent that acts with care, competence, and diligence for the best interest of 
48.34 	the principal is not liable solely because the agent also benefits from the act or has an 
48.35 	individual or conflicting interest in relation to the property or affairs of the principal.
49.1 	(e) If an agent is selected by the principal because of special skills or expertise 
49.2 	possessed by the agent or in reliance on the agent's representation that the agent has 
49.3 	special skills or expertise, the special skills or expertise must be considered in determining 
49.4 	whether the agent has acted with care, competence, and diligence under the circumstances.
49.5 	(f) Absent a breach of duty to the principal, an agent is not liable if the value of 
49.6 	the principal's property declines.
49.7 	(g) An agent that exercises authority to delegate to another person the authority 
49.8 	granted by the principal or that engages another person on behalf of the principal is not 
49.9 	liable for an act, error of judgment, or default of that person if the agent exercises care, 
49.10 	competence, and diligence in selecting and monitoring the person.
49.11 	(h) Except as otherwise provided in the power of attorney, an agent is not required 
49.12 	to disclose receipts, disbursements, or transactions conducted on behalf of the principal 
49.13 	unless ordered by a court or requested by the principal, a guardian, a conservator, another 
49.14 	fiduciary acting for the principal, a governmental agency having authority to protect the 
49.15 	welfare of the principal, or, upon the death of the principal, by the personal representative 
49.16 	or successor in interest of the principal's estate. If so requested, within 30 days the agent 
49.17 	shall comply with the request or provide a writing or other record substantiating why 
49.18 	additional time is needed and shall comply with the request within an additional 30 days.

49.19 	Sec. 15. [523A.115] EXONERATION OF AGENT.
49.20 	A provision in a power of attorney relieving an agent of liability for breach of duty 
49.21 	is binding on the principal and the principal's successors in interest except to the extent 
49.22 	the provision:
49.23 	(1) relieves the agent of liability for breach of duty committed dishonestly, with an 
49.24 	improper motive, or with reckless indifference to the purposes of the power of attorney or 
49.25 	the best interest of the principal; or
49.26 	(2) was inserted as a result of an abuse of a confidential or fiduciary relationship 
49.27 	with the principal.

49.28 	Sec. 16. [523A.116] JUDICIAL RELIEF.
49.29 	(a) The following persons may petition a court to construe a power of attorney or 
49.30 	review the agent's conduct, and grant appropriate relief:
49.31 	(1) the principal or the agent;
49.32 	(2) a guardian, conservator, or other fiduciary acting for the principal;
49.33 	(3) a person authorized to make health care decisions for the principal;
49.34 	(4) the principal's spouse, parent, or descendant;
50.1 	(5) an individual who would qualify as a presumptive heir of the principal;
50.2 	(6) a person named as a beneficiary to receive any property, benefit, or contractual 
50.3 	right on the principal's death or as a beneficiary of a trust created by or for the principal 
50.4 	that has a financial interest in the principal's estate;
50.5 	(7) a governmental agency having regulatory authority to protect the welfare of 
50.6 	the principal;
50.7 	(8) the principal's caregiver or another person that demonstrates sufficient interest in 
50.8 	the principal's welfare; and
50.9 	(9) a person asked to accept the power of attorney.
50.10 	(b) Upon motion by the principal, the court shall dismiss a petition filed under 
50.11 	this section, unless the court finds that the principal lacks capacity to revoke the agent's 
50.12 	authority or the power of attorney.

50.13 	Sec. 17. [523A.117] AGENT'S LIABILITY.
50.14 	An agent that violates this chapter is liable to the principal or the principal's 
50.15 	successors in interest for the amount required to:
50.16 	(1) restore the value of the principal's property to what it would have been had 
50.17 	the violation not occurred; and
50.18 	(2) reimburse the principal or the principal's successors in interest for the attorney's 
50.19 	fees and costs paid on the agent's behalf.

50.20 	Sec. 18. [523A.118] AGENT'S RESIGNATION; NOTICE.
50.21 	Unless the power of attorney provides a different method for an agent's resignation, 
50.22 	an agent may resign by giving notice to the principal and, if the principal is incapacitated:
50.23 	(1) to the conservator or guardian, if one has been appointed for the principal, and a 
50.24 	co-agent or successor agent; or
50.25 	(2) if there is no person described in clause (1), to:
50.26 	(i) the principal's caregiver;
50.27 	(ii) another person reasonably believed by the agent to have sufficient interest in 
50.28 	the principal's welfare; or
50.29 	(iii) a governmental agency having authority to protect the welfare of the principal.

50.30 	Sec. 19. [523A.119] ACCEPTANCE OF AND RELIANCE UPON 
50.31 	ACKNOWLEDGED POWER OF ATTORNEY.
51.1 	(a) For purposes of this section and section 523A.120, "acknowledged" means 
51.2 	purportedly verified before a notary public or other individual authorized to take 
51.3 	acknowledgements.
51.4 	(b) A person that in good faith accepts an acknowledged power of attorney without 
51.5 	actual knowledge that the signature is not genuine may rely upon the presumption under 
51.6 	section 523A.105 that the signature is genuine.
51.7 	(c) A person that in good faith accepts an acknowledged power of attorney without 
51.8 	actual knowledge that the power of attorney is void, invalid, or terminated; that the 
51.9 	purported agent's authority is void, invalid, or terminated; or that the agent is exceeding 
51.10 	or improperly exercising the agent's authority may rely upon the power of attorney 
51.11 	as if the power of attorney were genuine, valid, and still in effect; the agent's authority 
51.12 	were genuine, valid, and still in effect; and the agent had not exceeded and had properly 
51.13 	exercised the authority.
51.14 	(d) A person that is asked to accept an acknowledged power of attorney may request, 
51.15 	and rely upon, without further investigation:
51.16 	(1) an agent's certification under penalty of perjury of any factual matter concerning 
51.17 	the principal, agent, or power of attorney;
51.18 	(2) an English translation of the power of attorney if the power of attorney contains, 
51.19 	in whole or in part, language other than English; and
51.20 	(3) an opinion of counsel as to any matter of law concerning the power of attorney 
51.21 	if the person making the request provides in a writing or other record the reason for the 
51.22 	request.
51.23 	(e) An English translation or an opinion of counsel requested under this section must 
51.24 	be provided at the principal's expense unless the request is made more than seven business 
51.25 	days after the power of attorney is presented for acceptance.
51.26 	(f) For purposes of this section and section 523A.120, a person that conducts 
51.27 	activities through employees is without actual knowledge of a fact relating to a power of 
51.28 	attorney, a principal, or an agent if the employee conducting the transaction involving the 
51.29 	power of attorney is without actual knowledge of the fact.

51.30 	Sec. 20. [523A.120] LIABILITY FOR REFUSAL TO ACCEPT 
51.31 	ACKNOWLEDGED POWER OF ATTORNEY.
51.32 	(a) Except as otherwise provided in paragraph (b):
51.33 	(1) a person shall either accept an acknowledged power of attorney or request a 
51.34 	certification, a translation, or an opinion of counsel under section 523A.119, paragraph (d), 
51.35 	no later than seven business days after presentation of the power of attorney for acceptance;
52.1 	(2) if a person requests a certification, a translation, or an opinion of counsel under 
52.2 	section 523A.119, paragraph (d), the person shall accept the power of attorney no later than 
52.3 	five business days after receipt of the certification, translation, or opinion of counsel; and
52.4 	(3) a person may not require an additional or different form of power of attorney 
52.5 	for authority granted in the power of attorney presented.
52.6 	(b) A person is not required to accept an acknowledged power of attorney if:
52.7 	(1) the person is not otherwise required to engage in a transaction with the principal 
52.8 	in the same circumstances;
52.9 	(2) engaging in a transaction with the agent or the principal in the same 
52.10 	circumstances would be inconsistent with federal law;
52.11 	(3) the person has actual knowledge of the termination of the agent's authority or of 
52.12 	the power of attorney before exercise of the power;
52.13 	(4) a request for a certification, a translation, or an opinion of counsel under section 
52.14 	523A.119, paragraph (d), is refused;
52.15 	(5) the person in good faith believes that the power of attorney is not valid or that 
52.16 	the agent does not have the authority to perform the act requested, whether or not a 
52.17 	certification, a translation, or an opinion of counsel under section 523A.119, paragraph 
52.18 	(d), has been requested or provided; or
52.19 	(6) the person makes, or has actual knowledge that another person has made, a report 
52.20 	to the local adult protective services office stating a good faith belief that the principal 
52.21 	may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the 
52.22 	agent or a person acting for or with the agent.
52.23 	(c) A person that refuses in violation of this section to accept an acknowledged 
52.24 	power of attorney is subject to:
52.25 	(1) a court order mandating acceptance of the power of attorney; and
52.26 	(2) liability for reasonable attorney fees and costs incurred in any action or 
52.27 	proceeding that confirms the validity of the power of attorney or mandates acceptance 
52.28 	of the power of attorney.

52.29 	Sec. 21. [523A.121] PRINCIPLES OF LAW AND EQUITY.
52.30 	Unless displaced by a provision of this chapter, the principles of law and equity 
52.31 	supplement this chapter.

52.32 	Sec. 22. [523A.122] LAWS APPLICABLE TO FINANCIAL INSTITUTIONS 
52.33 	AND ENTITIES.
53.1 	This chapter does not supersede any other law applicable to financial institutions or 
53.2 	other entities, and the other law controls if inconsistent with this chapter.

53.3 	Sec. 23. [523A.123] REMEDIES UNDER OTHER LAW.
53.4 	The remedies under this chapter are not exclusive and do not abrogate any right or 
53.5 	remedy under the law of this state other than this chapter.

53.6 	Sec. 24. [523A.201] AUTHORITY THAT REQUIRES SPECIFIC GRANT; 
53.7 	GRANT OF GENERAL AUTHORITY.
53.8 	(a) An agent under a power of attorney may do the following on behalf of the 
53.9 	principal or with the principal's property only if the power of attorney expressly grants the 
53.10 	agent the authority and exercise of the authority is not otherwise prohibited by another 
53.11 	agreement or instrument to which the authority or property is subject:
53.12 	(1) create, amend, revoke, or terminate an inter vivos trust;
53.13 	(2) make a gift;
53.14 	(3) create or change rights of survivorship;
53.15 	(4) create or change a beneficiary designation;
53.16 	(5) delegate authority granted under the power of attorney;
53.17 	(6) waive the principal's right to be a beneficiary of a joint and survivor annuity, 
53.18 	including a survivor benefit under a retirement plan;
53.19 	(7) exercise fiduciary powers that the principal has authority to delegate; or
53.20 	(8) disclaim property, including a power of appointment.
53.21 	(b) Notwithstanding a grant of authority to do an act described in paragraph (a), 
53.22 	unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, 
53.23 	or descendant of the principal, may not exercise authority under a power of attorney to 
53.24 	create in the agent, or in an individual to whom the agent owes a legal obligation of 
53.25 	support, an interest in the principal's property, whether by gift, right of survivorship, 
53.26 	beneficiary designation, disclaimer, or otherwise.
53.27 	(c) Subject to paragraphs (a), (b), (d), and (e), if a power of attorney grants to an 
53.28 	agent authority to do all acts that a principal could do, the agent has the general authority 
53.29 	described in sections 523A.204 to 523A.216.
53.30 	(d) Unless the power of attorney otherwise provides, a grant of authority to make a 
53.31 	gift is subject to section 523A.217.
53.32 	(e) Subject to paragraphs (a), (b), and (d), if the subjects over which authority is 
53.33 	granted in a power of attorney are similar or overlap, the broadest authority controls.
54.1 	(f) Authority granted in a power of attorney is exercisable with respect to property 
54.2 	that the principal has when the power of attorney is executed or acquires later, whether or 
54.3 	not the property is located in this state and whether or not the authority is exercised or the 
54.4 	power of attorney is executed in this state.
54.5 	(g) An act performed by an agent pursuant to a power of attorney has the same effect 
54.6 	and inures to the benefit of and binds the principal and the principal's successors in interest 
54.7 	as if the principal had performed the act.

54.8 	Sec. 25. [523A.202] INCORPORATION OF AUTHORITY.
54.9 	(a) An agent has authority described in sections 523A.201 to 523A.217 if the power 
54.10 	of attorney refers to general authority with respect to the descriptive term for the subjects 
54.11 	stated in sections 523A.204 to 523A.217 or cites the section in which the authority is 
54.12 	described.
54.13 	(b) A reference in a power of attorney to general authority with respect to the 
54.14 	descriptive term for a subject in sections 523A.204 to 523A.217 or a citation to a section 
54.15 	of sections 523A.204 to 523A.217 incorporates the entire section as if it were set out 
54.16 	in full in the power of attorney.
54.17 	(c) A principal may modify authority incorporated by reference.

54.18 	Sec. 26. [523A.203] CONSTRUCTION OF AUTHORITY GENERALLY.
54.19 	Except as otherwise provided in the power of attorney, by executing a power 
54.20 	of attorney that incorporates by reference a subject described in sections 523A.204 
54.21 	to 523A.217 or that grants to an agent authority to do all acts that a principal could do 
54.22 	pursuant to section 523A.201, paragraph (c), a principal authorizes the agent, with respect 
54.23 	to that subject, to:
54.24 	(1) demand, receive, and obtain by litigation or otherwise, money or another thing of 
54.25 	value to which the principal is, may become, or claims to be entitled, and conserve, invest, 
54.26 	disburse, or use anything so received or obtained for the purposes intended;
54.27 	(2) contract in any manner with any person, on terms agreeable to the agent, to 
54.28 	accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, 
54.29 	restate, release, or modify the contract or another contract made by or on behalf of the 
54.30 	principal;
54.31 	(3) execute, acknowledge, seal, deliver, file, or record any instrument or 
54.32 	communication the agent considers desirable to accomplish a purpose of a transaction, 
54.33 	including creating at any time a schedule listing some or all of the principal's property 
54.34 	and attaching it to the power of attorney;
55.1 	(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or 
55.2 	propose or accept a compromise with respect to a claim existing in favor of or against the 
55.3 	principal or intervene in litigation relating to the claim;
55.4 	(5) seek on the principal's behalf the assistance of a court or other governmental 
55.5 	agency to carry out an act authorized in the power of attorney;
55.6 	(6) engage, compensate, and discharge an attorney, accountant, discretionary 
55.7 	investment manager, expert witness, or other advisor;
55.8 	(7) prepare, execute, and file a record, report, or other document to safeguard or 
55.9 	promote the principal's interest under a statute or regulation;
55.10 	(8) communicate with any representative or employee of a government or 
55.11 	governmental subdivision, agency, or instrumentality, on behalf of, the principal;
55.12 	(9) access communications intended for, and communicate on behalf of, the 
55.13 	principal, whether by mail, electronic transmission, telephone, or other means; and
55.14 	(10) do any lawful act with respect to the subject and all property related to the 
55.15 	subject.

55.16 	Sec. 27. [523A.204] REAL PROPERTY.
55.17 	Unless the power of attorney otherwise provides, language in a power of attorney 
55.18 	granting general authority with respect to real property authorizes the agent to:
55.19 	(1) demand, buy, lease, receive, accept as a gift or as security for an extension of 
55.20 	credit, or otherwise acquire or reject an interest in real property or a right incident to 
55.21 	real property;
55.22 	(2) sell; exchange; convey with or without covenants, representations, or warranties; 
55.23 	quitclaim; release; surrender; retain title for security; encumber; partition; consent to 
55.24 	partitioning; subject to an easement or covenant; subdivide; apply for zoning or other 
55.25 	governmental permits; plat or consent to platting; develop; grant an option concerning; 
55.26 	lease; sublease; contribute to an entity in exchange for an interest in that entity; or 
55.27 	otherwise grant or dispose of an interest in real property or a right incident to real property;
55.28 	(3) pledge or mortgage an interest in real property or right incident to real property 
55.29 	as security to borrow money or pay, renew, or extend the time of payment of a debt of the 
55.30 	principal or a debt guaranteed by the principal;
55.31 	(4) release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of 
55.32 	trust, conditional sale contract, encumbrance, lien, or other claim to real property which 
55.33 	exists or is asserted;
55.34 	(5) manage or conserve an interest in real property or a right incident to real property 
55.35 	owned or claimed to be owned by the principal, including:
56.1 	(i) insuring against liability or casualty or other loss;
56.2 	(ii) obtaining or regaining possession of or protecting the interest or right by 
56.3 	litigation or otherwise;
56.4 	(iii) paying, assessing, compromising, or contesting taxes or assessments or applying 
56.5 	for and receiving refunds in connection with them; and
56.6 	(iv) purchasing supplies, hiring assistance or labor, and making repairs or alterations 
56.7 	to the real property;
56.8 	(6) use, develop, alter, replace, remove, erect, or install structures or other 
56.9 	improvements upon real property in or incident to which the principal has, or claims to 
56.10 	have, an interest or right;
56.11 	(7) participate in a reorganization with respect to real property or an entity that owns 
56.12 	an interest in or right incident to real property and receive, and hold, and act with respect 
56.13 	to stocks and bonds or other property received in a plan of reorganization, including:
56.14 	(i) selling or otherwise disposing of them;
56.15 	(ii) exercising or selling an option, right of conversion, or similar right with respect 
56.16 	to them; and
56.17 	(iii) exercising any voting rights in person or by proxy;
56.18 	(8) change the form of title of an interest in or right incident to real property; and
56.19 	(9) dedicate to public use, with or without consideration, easements or other real 
56.20 	property in which the principal has, or claims to have, an interest.

56.21 	Sec. 28. [523A.205] TANGIBLE PERSONAL PROPERTY.
56.22 	Unless the power of attorney otherwise provides, language in a power of attorney 
56.23 	granting general authority with respect to tangible personal property authorizes the agent 
56.24 	to:
56.25 	(1) demand, buy, receive, accept as a gift or as security for an extension of credit, 
56.26 	or otherwise acquire or reject ownership or possession of tangible personal property or 
56.27 	an interest in tangible personal property;
56.28 	(2) sell; exchange; convey with or without covenants, representations, or warranties; 
56.29 	quitclaim; release; surrender; create a security interest in; grant options concerning; lease; 
56.30 	sublease; or otherwise dispose of tangible personal property or an interest in tangible 
56.31 	personal property;
56.32 	(3) grant a security interest in tangible personal property or an interest in tangible 
56.33 	personal property as security to borrow money or pay, renew, or extend the time of 
56.34 	payment of a debt of the principal or a debt guaranteed by the principal;
57.1 	(4) release, assign, satisfy, or enforce by litigation or otherwise, a security interest, 
57.2 	lien, or other claim on behalf of the principal, with respect to tangible personal property or 
57.3 	an interest in tangible personal property;
57.4 	(5) manage or conserve tangible personal property or an interest in tangible personal 
57.5 	property on behalf of the principal, including:
57.6 	(i) insuring against liability or casualty or other loss;
57.7 	(ii) obtaining or regaining possession of or protecting the property or interest, by 
57.8 	litigation or otherwise;
57.9 	(iii) paying, assessing, compromising, or contesting taxes or assessments or applying 
57.10 	for and receiving refunds in connection with taxes or assessments;
57.11 	(iv) moving the property from place to place;
57.12 	(v) storing the property for hire or on a gratuitous bailment; and
57.13 	(vi) using and making repairs, alterations, or improvements to the property; and
57.14 	(6) change the form of title of an interest in tangible personal property.

57.15 	Sec. 29. [523A.206] STOCKS AND BONDS.
57.16 	Unless the power of attorney otherwise provides, language in a power of attorney 
57.17 	granting general authority with respect to stocks and bonds authorizes the agent to:
57.18 	(1) buy, sell, and exchange stocks and bonds;
57.19 	(2) establish, continue, modify, or terminate an account with respect to stocks and 
57.20 	bonds;
57.21 	(3) pledge stocks and bonds as security to borrow, pay, renew, or extend the time of 
57.22 	payment of a debt of the principal;
57.23 	(4) receive certificates and other evidences of ownership with respect to stocks 
57.24 	and bonds; and
57.25 	(5) exercise voting rights with respect to stocks and bonds in person or by proxy, 
57.26 	enter into voting trusts, and consent to limitations on the right to vote.

57.27 	Sec. 30. [523A.207] COMMODITIES AND OPTIONS.
57.28 	Unless the power of attorney otherwise provides, language in a power of attorney 
57.29 	granting general authority with respect to commodities and options authorizes the agent to:
57.30 	(1) buy, sell, exchange, assign, settle, and exercise commodity futures contracts and 
57.31 	call or put options on stocks or stock indexes traded on a regulated option exchange; and
57.32 	(2) establish, continue, modify, and terminate option accounts.

57.33 	Sec. 31. [523A.208] BANKS AND OTHER FINANCIAL INSTITUTIONS.
58.1 	Unless the power of attorney otherwise provides, language in a power of attorney 
58.2 	granting general authority with respect to banks and other financial institutions authorizes 
58.3 	the agent to:
58.4 	(1) continue, modify, and terminate an account or other banking arrangement made 
58.5 	by or on behalf of the principal;
58.6 	(2) establish, modify, and terminate an account or other banking arrangement with a 
58.7 	bank, trust company, savings and loan association, credit union, thrift company, brokerage 
58.8 	firm, or other financial institution selected by the agent;
58.9 	(3) contract for services available from a financial institution, including renting a 
58.10 	safe deposit box or space in a vault;
58.11 	(4) withdraw, by check, order, electronic funds transfer, or otherwise, money or 
58.12 	property of the principal deposited with or left in the custody of a financial institution;
58.13 	(5) receive statements of account, vouchers, notices, and similar documents from a 
58.14 	financial institution and act with respect to them;
58.15 	(6) enter a safe deposit box or vault and withdraw or add to the contents;
58.16 	(7) borrow money and pledge as security personal property of the principal necessary 
58.17 	to borrow money or pay, renew, or extend the time of payment of a debt of the principal or 
58.18 	a debt guaranteed by the principal;
58.19 	(8) make, assign, draw, endorse, discount, guarantee, and negotiate promissory 
58.20 	notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or 
58.21 	payable to the principal or the principal's order, transfer money, receive the cash or other 
58.22 	proceeds of those transactions, and accept a draft drawn by a person upon the principal 
58.23 	and pay it when due;
58.24 	(9) receive for the principal and act upon a sight draft, warehouse receipt, or other 
58.25 	document of title whether tangible or electronic, or other negotiable or nonnegotiable 
58.26 	instrument;
58.27 	(10) apply for, receive, and use letters of credit, credit and debit cards, electronic 
58.28 	transaction authorizations, and traveler's checks from a financial institution and give an 
58.29 	indemnity or other agreement in connection with letters of credit; and
58.30 	(11) consent to an extension of the time of payment with respect to commercial 
58.31 	paper or a financial transaction with a financial institution.

58.32 	Sec. 32. [523A.209] OPERATION OF ENTITY OR BUSINESS.
58.33 	Subject to the terms of a document or an agreement governing an entity or an entity 
58.34 	ownership interest, and unless the power of attorney otherwise provides, language in a 
59.1 	power of attorney granting general authority with respect to operation of an entity or 
59.2 	business authorizes the agent to:
59.3 	(1) operate, buy, sell, enlarge, reduce, or terminate an ownership interest;
59.4 	(2) perform a duty or discharge a liability and exercise in person or by proxy a right, 
59.5 	power, privilege, or option that the principal has, may have, or claims to have;
59.6 	(3) enforce the terms of an ownership agreement;
59.7 	(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, 
59.8 	or propose or accept a compromise with respect to litigation to which the principal is 
59.9 	a party because of an ownership interest;
59.10 	(5) exercise in person or by proxy, or enforce by litigation or otherwise, a right, 
59.11 	power, privilege, or option the principal has or claims to have as the holder of stocks 
59.12 	and bonds;
59.13 	(6) initiate, participate in, submit to alternative dispute resolution, settle, oppose, 
59.14 	or propose or accept a compromise with respect to litigation to which the principal is a 
59.15 	party concerning stocks and bonds;
59.16 	(7) with respect to an entity or business owned solely by the principal:
59.17 	(i) continue, modify, renegotiate, extend, and terminate a contract made by or on 
59.18 	behalf of the principal with respect to the entity or business before execution of the 
59.19 	power of attorney;
59.20 	(ii) determine:
59.21 	(A) the location of its operation;
59.22 	(B) the nature and extent of its business;
59.23 	(C) the methods of manufacturing, selling, merchandising, financing, accounting, 
59.24 	and advertising employed in its operation;
59.25 	(D) the amount and types of insurance carried; and
59.26 	(E) the mode of engaging, compensating, and dealing with its employees and 
59.27 	accountants, attorneys, or other advisors;
59.28 	(iii) change the name or form of organization under which the entity or business is 
59.29 	operated and enter into an ownership agreement with other persons to take over all or part 
59.30 	of the operation of the entity or business; and
59.31 	(iv) demand and receive money due or claimed by the principal or on the principal's 
59.32 	behalf in the operation of the entity or business and control and disburse the money in the 
59.33 	operation of the entity or business;
59.34 	(8) put additional capital into an entity or business in which the principal has an 
59.35 	interest;
60.1 	(9) join in a plan of reorganization, consolidation, conversion, domestication, or 
60.2 	merger of the entity or business;
60.3 	(10) sell or liquidate all or part of an entity or business;
60.4 	(11) establish the value of an entity or business under a buyout agreement to which 
60.5 	the principal is a party;
60.6 	(12) prepare, sign, file, and deliver reports, compilations of information, returns, or 
60.7 	other papers with respect to an entity or business and make related payments; and
60.8 	(13) pay, compromise, or contest taxes, assessments, fines, or penalties and perform 
60.9 	any other act to protect the principal from illegal or unnecessary taxation, assessments, 
60.10 	fines, or penalties, with respect to an entity or business, including attempts to recover, in 
60.11 	any manner permitted by law, money paid before or after the execution of the power of 
60.12 	attorney.

60.13 	Sec. 33. [523A.210] INSURANCE AND ANNUITIES.
60.14 	Unless the power of attorney otherwise provides, language in a power of attorney 
60.15 	granting general authority with respect to insurance and annuities authorizes the agent to:
60.16 	(1) continue, pay the premium or make a contribution on, modify, exchange, rescind, 
60.17 	release, or terminate a contract procured by or on behalf of the principal which insures or 
60.18 	provides an annuity to either the principal or another person, whether or not the principal 
60.19 	is a beneficiary under the contract;
60.20 	(2) procure new, different, and additional contracts of insurance and annuities for the 
60.21 	principal and the principal's spouse, children, and other dependents, and select the amount, 
60.22 	type of insurance or annuity, and mode of payment;
60.23 	(3) pay the premium or make a contribution on, modify, exchange, rescind, release, 
60.24 	or terminate a contract of insurance or annuity procured by the agent;
60.25 	(4) apply for and receive a loan secured by a contract of insurance or annuity;
60.26 	(5) surrender and receive the cash surrender value on a contract of insurance or 
60.27 	annuity;
60.28 	(6) exercise an election;
60.29 	(7) exercise investment powers available under a contract of insurance or annuity;
60.30 	(8) change the manner of paying premiums on a contract of insurance or annuity;
60.31 	(9) change or convert the type of insurance or annuity with respect to which the 
60.32 	principal has or claims to have authority described in this section;
60.33 	(10) apply for and procure a benefit or assistance under a statute or regulation to 
60.34 	guarantee or pay premiums of a contract of insurance on the life of the principal;
61.1 	(11) collect, sell, assign, hypothecate, borrow against, or pledge the interest of the 
61.2 	principal in a contract of insurance or annuity;
61.3 	(12) select the form and timing of the payment of proceeds from a contract of 
61.4 	insurance or annuity; and
61.5 	(13) pay, from proceeds or otherwise, compromise or contest, and apply for refunds 
61.6 	in connection with, a tax or assessment levied by a taxing authority with respect to a 
61.7 	contract of insurance or annuity or its proceeds or liability accruing by reason of the 
61.8 	tax or assessment.

61.9 	Sec. 34. [523A.211] ESTATES, TRUSTS, AND OTHER BENEFICIAL 
61.10 	INTERESTS.
61.11 	(a) In this section, "estate, trust, or other beneficial interest" means a trust, probate 
61.12 	estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the 
61.13 	principal is, may become, or claims to be, entitled to a share or payment.
61.14 	(b) Unless the power of attorney otherwise provides, language in a power of attorney 
61.15 	granting general authority with respect to estates, trusts, and other beneficial interests 
61.16 	authorizes the agent to:
61.17 	(1) accept, receive, receipt for, sell, assign, pledge, or exchange a share in or 
61.18 	payment from an estate, trust, or other beneficial interest;
61.19 	(2) demand or obtain money or another thing of value to which the principal is, may 
61.20 	become, or claims to be, entitled by reason of an estate, trust, or other beneficial interest, 
61.21 	by litigation or otherwise;
61.22 	(3) exercise for the benefit of the principal a presently exercisable general power of 
61.23 	appointment held by the principal;
61.24 	(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, 
61.25 	or propose or accept a compromise with respect to litigation to ascertain the meaning, 
61.26 	validity, or effect of a deed, will, declaration of trust, or other instrument or transaction 
61.27 	affecting the interest of the principal;
61.28 	(5) initiate, participate in, submit to alternative dispute resolution, settle, oppose, 
61.29 	or propose or accept a compromise with respect to litigation to remove, substitute, or 
61.30 	surcharge a fiduciary;
61.31 	(6) conserve, invest, disburse, or use anything received for an authorized purpose;
61.32 	(7) transfer an interest of the principal in real property, stocks and bonds, accounts 
61.33 	with financial institutions or securities intermediaries, insurance, annuities, and other 
61.34 	property to the trustee of a revocable trust created by the principal as settlor; and
62.1 	(8) reject, renounce, disclaim, release, or consent to a reduction in or modification of 
62.2 	a share in or payment from an estate, trust, or other beneficial interest.

62.3 	Sec. 35. [523A.212] CLAIMS AND LITIGATION.
62.4 	Unless the power of attorney otherwise provides, language in a power of attorney 
62.5 	granting general authority with respect to claims and litigation authorizes the agent to:
62.6 	(1) assert and maintain before a court or administrative agency a claim, claim for 
62.7 	relief, cause of action, counterclaim, offset, recoupment, or defense, including an action 
62.8 	to recover property or other thing of value, recover damages sustained by the principal, 
62.9 	eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;
62.10 	(2) bring an action to determine adverse claims or intervene or otherwise participate 
62.11 	in litigation;
62.12 	(3) seek an attachment, garnishment, order of arrest, or other preliminary, 
62.13 	provisional, or intermediate relief and use an available procedure to effect or satisfy a 
62.14 	judgment, order, or decree;
62.15 	(4) make or accept a tender, offer of judgment, or admission of facts, submit 
62.16 	a controversy on an agreed statement of facts, consent to examination, and bind the 
62.17 	principal in litigation;
62.18 	(5) submit to alternative dispute resolution, settle, and propose or accept a 
62.19 	compromise;
62.20 	(6) waive the issuance and service of process upon the principal, accept service of 
62.21 	process, appear for the principal, designate persons upon which process directed to the 
62.22 	principal may be served, execute and file or deliver stipulations on the principal's behalf, 
62.23 	verify pleadings, seek appellate review, procure and give surety and indemnity bonds, 
62.24 	contract and pay for the preparation and printing of records and briefs, receive, execute, 
62.25 	and file or deliver a consent, waiver, release, confession of judgment, satisfaction of 
62.26 	judgment, notice, agreement, or other instrument in connection with the prosecution, 
62.27 	settlement, or defense of a claim or litigation;
62.28 	(7) act for the principal with respect to bankruptcy or insolvency, whether voluntary 
62.29 	or involuntary, concerning the principal or some other person, or with respect to a 
62.30 	reorganization, receivership, or application for the appointment of a receiver or trustee 
62.31 	which affects an interest of the principal in property or other thing of value;
62.32 	(8) pay a judgment, award, or order against the principal or a settlement made in 
62.33 	connection with a claim or litigation; and
62.34 	(9) receive money or other thing of value paid in settlement of or as proceeds of a 
62.35 	claim or litigation.

63.1 	Sec. 36. [523A.213] PERSONAL AND FAMILY MAINTENANCE.
63.2 	(a) Unless the power of attorney otherwise provides, language in a power of attorney 
63.3 	granting general authority with respect to personal and family maintenance authorizes the 
63.4 	agent to:
63.5 	(1) perform the acts necessary to maintain the customary standard of living of the 
63.6 	principal, the principal's spouse, and the following individuals, whether living when the 
63.7 	power of attorney is executed or later born:
63.8 	(i) the principal's children;
63.9 	(ii) other individuals legally entitled to be supported by the principal; and
63.10 	(iii) the individuals whom the principal has customarily supported or indicated 
63.11 	the intent to support;
63.12 	(2) make periodic payments of child support and other family maintenance required 
63.13 	by a court or governmental agency or an agreement to which the principal is a party;
63.14 	(3) provide living quarters for the individuals described in clause (1) by:
63.15 	(i) purchase, lease, or other contract; or
63.16 	(ii) paying the operating costs, including interest, amortization payments, repairs, 
63.17 	improvements, and taxes, for premises owned by the principal or occupied by those 
63.18 	individuals;
63.19 	(4) provide normal domestic help, usual vacations and travel expenses, and funds 
63.20 	for shelter, clothing, food, appropriate education, including postsecondary and vocational 
63.21 	education, and other current living costs for the individuals described in clause (1);
63.22 	(5) pay expenses for necessary health care and custodial care on behalf of the 
63.23 	individuals described in clause (1);
63.24 	(6) act as the principal's personal representative pursuant to the Health Insurance 
63.25 	Portability and Accountability Act, sections 1171 through 1179 of the Social Security 
63.26 	Act, United States Code, title 42, section 1320d, and applicable regulations, in making 
63.27 	decisions related to the past, present, or future payment for the provision of health care 
63.28 	consented to by the principal or anyone authorized under the law of this state to consent 
63.29 	to health care on behalf of the principal;
63.30 	(7) continue any provision made by the principal for automobiles or other means 
63.31 	of transportation, including registering, licensing, insuring, and replacing them, for the 
63.32 	individuals described in clause (1);
63.33 	(8) maintain credit and debit accounts for the convenience of the individuals 
63.34 	described in clause (1) and open new accounts; and
64.1 	(9) continue payments incidental to the membership or affiliation of the principal in a 
64.2 	religious institution, club, society, order, or other organization or to continue contributions 
64.3 	to those organizations.
64.4 	(b) Authority with respect to personal and family maintenance is neither dependent 
64.5 	upon, nor limited by, authority that an agent may or may not have with respect to gifts 
64.6 	under this chapter.

64.7 	Sec. 37. [523A.214] BENEFITS FROM GOVERNMENTAL PROGRAMS OR 
64.8 	CIVIL OR MILITARY SERVICE.
64.9 	(a) In this section, "benefits from governmental programs or civil or military service" 
64.10 	means any benefit, program, or assistance provided under a statute or regulation including 
64.11 	Social Security, Medicare, and Medicaid.
64.12 	(b) Unless the power of attorney otherwise provides, language in a power of attorney 
64.13 	granting general authority with respect to benefits from governmental programs or civil or 
64.14 	military service authorizes the agent to:
64.15 	(1) execute vouchers in the name of the principal for allowances and reimbursements 
64.16 	payable by the United States or a foreign government or by a state or subdivision of a 
64.17 	state to the principal, including allowances and reimbursements for transportation of the 
64.18 	individuals described in section 523A.213, paragraph (a), clause (1), and for shipment of 
64.19 	their household effects;
64.20 	(2) take possession and order the removal and shipment of property of the principal 
64.21 	from a post, warehouse, depot, dock, or other place of storage or safekeeping, either 
64.22 	governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, 
64.23 	shipping ticket, certificate, or other instrument for that purpose;
64.24 	(3) enroll in, apply for, select, reject, change, amend, or discontinue, on the 
64.25 	principal's behalf, a benefit or program;
64.26 	(4) prepare, file, and maintain a claim of the principal for a benefit or assistance, 
64.27 	financial or otherwise, to which the principal may be entitled under a statute or regulation;
64.28 	(5) initiate, participate in, submit to alternative dispute resolution, settle, oppose, 
64.29 	or propose or accept a compromise with respect to litigation concerning any benefit or 
64.30 	assistance the principal may be entitled to receive under a statute or regulation; and
64.31 	(6) receive the financial proceeds of a claim described in clause (4) and conserve, 
64.32 	invest, disburse, or use for a lawful purpose anything so received.

64.33 	Sec. 38. [523A.215] RETIREMENT PLANS.
65.1 	(a) In this section, "retirement plan" means a plan or account created by an employer, 
65.2 	the principal, or another individual to provide retirement benefits or deferred compensation 
65.3 	of which the principal is a participant, beneficiary, or owner, including a plan or account 
65.4 	under the following sections of the Internal Revenue Code:
65.5 	(1) an individual retirement account under section 408 of the Internal Revenue Code, 
65.6 	United States Code, title 26, section 408;
65.7 	(2) a Roth individual retirement account under section 408A of the Internal Revenue 
65.8 	Code, United States Code, title 26, section 408A;
65.9 	(3) a deemed individual retirement account under section 408(q) of the Internal 
65.10 	Revenue Code, United States Code, title 26, section 408(q);
65.11 	(4) an annuity or mutual fund custodial account under section 403(b) of the Internal 
65.12 	Revenue Code, United States Code, title 26, section 403(b);
65.13 	(5) a pension, profit-sharing, stock bonus, or other retirement plan qualified under 
65.14 	section 401(a) of the Internal Revenue Code, United States Code, title 26, section 401(a);
65.15 	(6) a plan under section 457(b) of the Internal Revenue Code, United States Code, 
65.16 	title 26, section 457(b); and
65.17 	(7) a nonqualified deferred compensation plan under section 409A of the Internal 
65.18 	Revenue Code, United States Code, title 26, section 409A.
65.19 	(b) Unless the power of attorney otherwise provides, language in a power of attorney 
65.20 	granting general authority with respect to retirement plans authorizes the agent to:
65.21 	(1) select the form and timing of payments under a retirement plan and withdraw 
65.22 	benefits from a plan;
65.23 	(2) make a rollover, including a direct trustee-to-trustee rollover, of benefits from 
65.24 	one retirement plan to another;
65.25 	(3) establish a retirement plan in the principal's name;
65.26 	(4) make contributions to a retirement plan;
65.27 	(5) exercise investment powers available under a retirement plan; and
65.28 	(6) borrow from, sell assets to, or purchase assets from a retirement plan.

65.29 	Sec. 39. [523A.216] TAXES.
65.30 	Unless the power of attorney otherwise provides, language in a power of attorney 
65.31 	granting general authority with respect to taxes authorizes the agent to:
65.32 	(1) prepare, sign, and file federal, state, local, and foreign income, gift, payroll, 
65.33 	property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, 
65.34 	requests for extension of time, petitions regarding tax matters, and any other tax-related 
65.35 	documents, including receipts, offers, waivers, consents, including consents and 
66.1 	agreements under section 2032A of the Internal Revenue Code, United States Code, title 
66.2 	26, section 2032A, closing agreements, and any power of attorney required by the Internal 
66.3 	Revenue Service or other taxing authority with respect to a tax year upon which the statute 
66.4 	of limitations has not run and the following 25 tax years;
66.5 	(2) pay taxes due, collect refunds, post bonds, receive confidential information, and 
66.6 	contest deficiencies determined by the Internal Revenue Service or other taxing authority;
66.7 	(3) exercise any election available to the principal under federal, state, local, or 
66.8 	foreign tax law; and
66.9 	(4) act for the principal in all tax matters for all periods before the Internal Revenue 
66.10 	Service, or other taxing authority.

66.11 	Sec. 40. [523A.217] GIFTS.
66.12 	(a) In this section, a gift "for the benefit of" a person includes a gift to a trust, an 
66.13 	account under the Uniform Transfers to Minors Act, and a tuition savings account or 
66.14 	prepaid tuition plan as defined under section 529 of the Internal Revenue Code, United 
66.15 	States Code, title 26, section 529.
66.16 	(b) Unless the power of attorney otherwise provides, language in a power of attorney 
66.17 	granting general authority with respect to gifts authorizes the agent only to:
66.18 	(1) make outright to, or for the benefit of, a person, a gift of any of the principal's 
66.19 	property, including by the exercise of a presently exercisable general power of appointment 
66.20 	held by the principal, in an amount per donee not to exceed the annual dollar limits 
66.21 	of the federal gift tax exclusion under section 2503(b) of the Internal Revenue Code, 
66.22 	United States Code, title 26, section 2503(b), without regard to whether the federal gift 
66.23 	tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split 
66.24 	gift pursuant to section 2513 of the Internal Revenue Code, United States Code, title 
66.25 	26, section 2513, in an amount per donee not to exceed twice the annual federal gift 
66.26 	tax exclusion limit; and
66.27 	(2) consent, pursuant to section 2513 of the Internal Revenue Code, United States 
66.28 	Code, title 26, section 2513, to the splitting of a gift made by the principal's spouse in an 
66.29 	amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.
66.30 	(c) An agent may make a gift of the principal's property only as the agent determines 
66.31 	is consistent with the principal's objectives if actually known by the agent and, if unknown, 
66.32 	as the agent determines is consistent with the principal's best interest based on all relevant 
66.33 	factors, including:
66.34 	(1) the value and nature of the principal's property;
66.35 	(2) the principal's foreseeable obligations and need for maintenance;
67.1 	(3) minimization of taxes, including income, estate, inheritance, generation-skipping 
67.2 	transfer, and gift taxes;
67.3 	(4) eligibility for a benefit, a program, or assistance under a statute or regulation; and
67.4 	(5) the principal's personal history of making or joining in making gifts.

67.5 	Sec. 41. [523A.301] STATUTORY FORM POWER OF ATTORNEY.
67.6 	A document substantially in the following form may be used to create a statutory 
67.7 	form power of attorney that has the meaning and effect prescribed by this chapter.

67.8	MINNESOTA
	
67.9	STATUTORY FORM POWER OF ATTORNEY
	
67.10	IMPORTANT INFORMATION
	
67.11 	This power of attorney authorizes another person (your agent) to make decisions 
67.12 	concerning your property for you (the principal). Your agent will be able to make 
67.13 	decisions and act with respect to your property (including your money) whether or not you 
67.14 	are able to act for yourself. The meaning of authority over subjects listed on this form is 
67.15 	explained in the Uniform Power of Attorney Act, Minnesota Statutes, chapter 523A.
67.16 	This power of attorney does not authorize the agent to make health care decisions for you.
67.17 	You should select someone you trust to serve as your agent.  Unless you specify otherwise, 
67.18 	generally the agent's authority will continue until you die or revoke the power of attorney 
67.19 	or the agent resigns or is unable to act for you.
67.20 	Your agent is entitled to reasonable compensation unless you state otherwise in the 
67.21 	Special Instructions.
67.22 	This form provides for designation of one agent.  If you wish to name more than one agent 
67.23 	you may name a co-agent in the Special Instructions. Co-agents are not required to act 
67.24 	together unless you include that requirement in the Special Instructions.
67.25 	If your agent is unable or unwilling to act for you, your power of attorney will end unless 
67.26 	you have named a successor agent. You may also name a second successor agent.
67.27 	This power of attorney becomes effective immediately unless you state otherwise in 
67.28 	the Special Instructions.
67.29 	If you have questions about the power of attorney or the authority you are granting 
67.30 	to your agent, you should seek legal advice before signing this form.
67.31 	DESIGNATION OF AGENT

67.32	I _____ name the following person as my agent:
	
67.33		(Name of Principal)
	
68.1	Name of Agent: 
_____	
68.2	Agent's Address: 
_____	
68.3	Agent's Telephone Number: 
_____	
68.4 	DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
68.5 	If my agent is unable or unwilling to act for me, I name as my successor agent:

68.6	Name of Successor Agent: 
_____	
68.7	Successor Agent's Address: 
_____	
68.8	Successor Agent's Telephone Number: 
_____	
68.9 	If my successor agent is unable or unwilling to act for me, I name as my second successor 
68.10 	agent:

68.11	Name of Second Successor Agent: 
_____	
68.12	Second Successor Agent's Address: 
_____	
68.13	Second Successor Agent's Telephone Number: 
_____	
68.14 	GRANT OF GENERAL AUTHORITY
68.15 	I grant my agent and any successor agent general authority to act for me with respect 
68.16 	to the following subjects as defined in the Uniform Power of Attorney Act, Minnesota 
68.17 	Statutes, chapter 523A:
68.18 	(INITIAL each subject you want to include in the agent's general authority.  If you wish to 
68.19 	grant general authority over all of the subjects you may initial "All Preceding Subjects" 
68.20 	instead of initialing each subject.)

68.21	(_____)
	Real Property
	
68.22	(_____)
	Tangible Personal Property
	
68.23	(_____)
	Stocks and Bonds
	
68.24	(_____)
	Commodities and Options
	
68.25	(_____)
	Banks and Other Financial Institutions
	
68.26	(_____)
	Operation of Entity or Business
	
68.27	(_____)
	Insurance and Annuities
	
68.28	(_____)
	Estates, Trusts, and Other Beneficial Interests
	
68.29	(_____)
	Claims and Litigation
	
68.30	(_____)
	Personal and Family Maintenance
	
68.31	(_____)
	Benefits from Governmental Programs or Civil or Military Service
	
68.32	(_____)
	Retirement Plans
	
68.33	(_____)
	Taxes
	
68.34	(_____)
	All Preceding Subjects
	
68.35 	GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
68.36 	My agent MAY NOT do any of the following specific acts for me UNLESS I have 
68.37 	INITIALED the specific authority listed below:
69.1 	(CAUTION: Granting any of the following will give your agent the authority to take 
69.2 	actions that could significantly reduce your property or change how your property is 
69.3 	distributed at your death. INITIAL ONLY the specific authority you WANT to give 
69.4 	your agent.)

69.5	(_____)
	Create, amend, revoke, or terminate an inter vivos trust
	
69.6
69.7
69.8	(_____)
	Make a gift, subject to the limitations of the Uniform Power of Attorney Act, 
Minnesota Statutes, section 523A.217, and any special instructions in this power 
of attorney
	
69.9	(_____)
	Create or change rights of survivorship
	
69.10	(_____)
	Create or change a beneficiary designation
	
69.11
69.12	(_____)
	Authorize another person to exercise the authority granted under this power of 
attorney
	
69.13
69.14	(_____)
	Waive the principal's right to be a beneficiary of a joint and survivor annuity, 
including a survivor benefit under a retirement plan
	
69.15	(_____)
	Exercise fiduciary powers that the principal has authority to delegate
	
69.16	[(_____)
	Disclaim or refuse an interest in property, including a power of appointment]
	
69.17 	LIMITATION ON AGENT'S AUTHORITY
69.18 	An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to 
69.19 	benefit the agent or a person to whom the agent owes an obligation of support unless I 
69.20 	have included that authority in the Special Instructions.
69.21 	SPECIAL INSTRUCTIONS (optional)
69.22 	You may give special instructions on the following lines:

69.23	_____
	
69.24	_____
	
69.25 	EFFECTIVE DATE
69.26 	This power of attorney is effective immediately unless I have stated otherwise in the 
69.27 	Special Instructions.
69.28 	NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL)
69.29 	If it becomes necessary for a court to appoint a conservator or guardian of my estate or 
69.30 	guardian of my person, I nominate the following person(s) for appointment:

69.31	Name of Nominee for conservator or guardian of my estate: 
_____	
69.32	Nominee's Address: 
_____	
69.33	Nominee's Telephone Number: 
_____	
69.34	Name of Nominee for guardian of my person: 
_____	
69.35	Nominee's Address: 
_____	
69.36	Nominee's Telephone Number: 
_____	
69.37 	RELIANCE ON THIS POWER OF ATTORNEY
70.1 	Any person, including my agent, may rely upon the validity of this power of attorney or a 
70.2 	copy of it unless that person knows it has terminated or is invalid.

70.3	SIGNATURE AND ACKNOWLEDGMENT
	
70.4	_____
		_____
	
70.5	Your Signature
		Date
	
70.6	_____
			
70.7	Your Name Printed
			
70.8	_____
			
70.9	_____
			
70.10	Your Address
			
70.11	_____
			
70.12	Your Telephone Number

70.13	State of 
_____			
70.14	[County] of 
_____			
				
70.15	This document was acknowledged before me on 
	_____,
		
70.16		(Date)
		
70.17	by _____.
			
70.18	(Name of Principal)

70.19	_____
		(Seal, if any)
	
70.20	Signature of Notary
			
70.21	My commission expires: 
_____			
				
70.22	(This document prepared by:
			
70.23	_____
		
70.24	_____)
		
70.25 	IMPORTANT INFORMATION FOR AGENT
70.26 	Agent's Duties
70.27 	When you accept the authority granted under this power of attorney, a special legal 
70.28 	relationship is created between you and the principal. This relationship imposes upon 
70.29 	you legal duties that continue until you resign or the power of attorney is terminated or 
70.30 	revoked. You must:

70.31
70.32
70.33	(1)
	do what you know the principal reasonably expects you to do with the principal's 
property or, if you do not know the principal's expectations, act in the principal's 
best interest;
	
70.34	(2)
	act in good faith;
	
70.35	(3)
	do nothing beyond the authority granted in this power of attorney; and
	
70.36
70.37
70.38	(4)
	disclose your identity as an agent whenever you act for the principal by writing 
or printing the name of the principal and signing your own name as "agent" in 
the following manner:

71.1		_____by
	_____ as Agent
		
71.2		(Principal's Name)
	(Your Signature)
		
71.3 	Unless the Special Instructions in this power of attorney state otherwise, you must also:

71.4	(1)
	act loyally for the principal's benefit;
	
71.5	(2)
	avoid conflicts that would impair your ability to act in the principal's best interest;
	
71.6	(3)
	act with care, competence, and diligence;
	
71.7
71.8	(4)
	keep a record of all receipts, disbursements, and transactions made on behalf of 
the principal;
	
71.971.10
71.11
	(5)
	cooperate with any person that has authority to make health care decisions for the 
principal to do what you know the principal reasonably expects or, if you do not 
know the principal's expectations, to act in the principal's best interest; and
	
71.12
71.13	(6)
	attempt to preserve the principal's estate plan if you know the plan and preserving 
the plan is consistent with the principal's best interest.
	
71.14 	Termination of Agent's Authority
71.15 	You must stop acting on behalf of the principal if you learn of any event that terminates 
71.16 	this power of attorney or your authority under this power of attorney. Events that terminate 
71.17 	a power of attorney or your authority to act under a power of attorney include:

71.18	(1)
	death of the principal;
	
71.19	(2)
	the principal's revocation of the power of attorney or your authority;
	
71.20	(3)
	the occurrence of a termination event stated in the power of attorney;
	
71.21	(4)
	the purpose of the power of attorney is fully accomplished; or
	
71.22
71.23
71.24	(5)
	if you are married to the principal, a legal action is filed with a court to end your 
marriage, or for your legal separation, unless the Special Instructions in this power 
of attorney state that such an action will not terminate your authority.
	
71.25 	Liability of Agent
71.26 	The meaning of the authority granted to you is defined in the Uniform Power of Attorney 
71.27 	Act, Minnesota Statutes, chapter 523A. If you violate the Uniform Power of Attorney Act, 
71.28 	Minnesota Statutes, chapter 523A, or act outside the authority granted, you may be liable 
71.29 	for any damages caused by your violation.
71.30 	If there is anything about this document or your duties that you do not understand, 
71.31 	you should seek legal advice.

71.32 	Sec. 42. [523A.302] AGENT'S CERTIFICATION.
71.33 	The following optional form may be used by an agent to certify facts concerning a 
71.34 	power of attorney.

72.1
72.2	AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF 
ATTORNEY AND AGENT'S AUTHORITY
	
72.3	State of 
_____		
72.4	[County] of 
_____		
72.5 	I, _________________ (Name of Agent), certify under penalty of perjury that 
72.6 	_______________ (Name of Principal) granted me authority as an agent or successor 
72.7 	agent in a power of attorney dated ______________.
72.8 	I further certify that to my knowledge:
72.9 	(1) the Principal is alive and has not revoked the Power of Attorney or my authority 
72.10 	to act under the Power of Attorney and the Power of Attorney and my authority to act 
72.11 	under the Power of Attorney have not terminated;
72.12 	(2) if the Power of Attorney was drafted to become effective upon the happening of 
72.13 	an event or contingency, the event or contingency has occurred;
72.14 	(3) if I was named as a successor agent, the prior agent is no longer able or willing 
72.15 	to serve; and

72.16	(4)
	_____
	
72.17		(Insert other relevant statements)

72.18	SIGNATURE AND ACKNOWLEDGMENT
	
72.19	_____
		_____
	
72.20	Agent's Signature
		Date
	
72.21	_____
			
72.22	Agent's Name Printed
			
72.23
72.24	_____
_____
			
72.25	Agent's Address
			
72.26	_____
			
72.27	Agent's Telephone Number

72.28	This document was acknowledged before me on _____,
		
72.29		(Date)
		
72.30	by _____.
			
72.31	(Name of Agent)

72.32	_____
		(Seal, if any)
	
72.33	Signature of Notary
			
72.34	My commission expires:
_____		
				
72.35	(This document prepared by:_____)

72.36 	Sec. 43. [523A.401] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
73.1 	In applying and construing this uniform act, consideration must be given to the 
73.2 	need to promote uniformity of the law with respect to its subject matter among the states 
73.3 	that enact it.

73.4 	Sec. 44. [523A.402] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL 
73.5 	AND NATIONAL COMMERCE ACT.
73.6 	This chapter modifies, limits, and supersedes the federal Electronic Signatures in 
73.7 	Global and National Commerce Act, United States Code, title 15, section 7001, et seq., 
73.8 	but does not modify, limit, or supersede section 101(c) of that act, United States Code, 
73.9 	title 15, section 7001(c), or authorize electronic delivery of any of the notices described in 
73.10 	section 103(b) of that act, United States Code, title 15, section 7003(b).

73.11 	Sec. 45. [523A.403] EFFECT ON EXISTING POWERS OF ATTORNEY.
73.12 	Except as otherwise provided in this chapter, on January 1, 2010:
73.13 	(1) this chapter applies to a power of attorney created before, on, or after January 
73.14 	1, 2010;
73.15 	(2) this chapter applies to a judicial proceeding concerning a power of attorney 
73.16 	commenced on or after January 1, 2010;
73.17 	(3) this chapter applies to a judicial proceeding concerning a power of attorney 
73.18 	commenced before January 1, 2010, unless the court finds that application of a provision 
73.19 	of this chapter would substantially interfere with the effective conduct of the judicial 
73.20 	proceeding or prejudice the rights of a party, in which case that provision does not apply 
73.21 	and the superseded law applies; and
73.22 	(4) an act done before January 1, 2010, is not affected by this chapter.

73.23 	Sec. 46. REPEALER.
 73.24 	Minnesota Statutes 2008, sections 523.01; 523.02; 523.03; 523.04; 523.05; 523.06; 
73.25 	523.07; 523.075; 523.08; 523.09; 523.10; 523.11; 523.12; 523.13; 523.131; 523.14; 
73.26 	523.15; 523.16; 523.17; 523.18; 523.19; 523.20; 523.21; 523.22; 523.23; and 523.24, are 
73.27 	repealed.

73.28 	Sec. 47. EFFECTIVE DATE.
 73.29 	This article is effective January 1, 2010.

74.1 	ARTICLE 5
74.2 	UNIFORM MULTIPLE-PERSON ACCOUNTS ACT

74.3 	Section 1. [524A.101] NONPROBATE TRANSFERS ON DEATH.
74.4 	(a) A provision for a nonprobate transfer on death in an insurance policy, contract 
74.5 	of employment, bond, mortgage, promissory note, certificated or uncertificated security, 
74.6 	account agreement, custodial agreement, deposit agreement, compensation plan, pension 
74.7 	plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of 
74.8 	gift, marital property agreement, or other written instrument of a similar nature is 
74.9 	nontestamentary. This paragraph includes a written provision that:
74.10 	(1) money or other benefits due to, controlled by, or owned by a decedent before 
74.11 	death must be paid after the decedent's death to a person whom the decedent designates 
74.12 	either in the instrument or in a separate writing, including a will, executed either before or 
74.13 	at the same time as the instrument, or later;
74.14 	(2) money due or to become due under the instrument ceases to be payable in the 
74.15 	event of death of the promisee or the promisor before payment or demand; or
74.16 	(3) any property controlled by or owned by the decedent before death which is 
74.17 	the subject of the instrument passes to a person the decedent designates either in the 
74.18 	instrument or in a separate writing, including a will, executed either before or at the same 
74.19 	time as the instrument, or later.
74.20 	(b) This section does not limit rights of creditors under other laws of this state.

74.21 	Sec. 2. [524A.102] LIABILITY OF NONPROBATE TRANSFEREES FOR 
74.22 	CREDITOR CLAIMS AND STATUTORY ALLOWANCES.
74.23 	(a) In this section, "nonprobate transfer" means a valid transfer effective at death, 
74.24 	other than a transfer of a survivorship interest in a joint tenancy of real estate, by a 
74.25 	transferor whose last domicile was in this state to the extent that the transferor immediately 
74.26 	before death had power, acting alone, to prevent the transfer by revocation or withdrawal 
74.27 	and instead to use the property for the benefit of the transferor or apply it to discharge 
74.28 	claims against the transferor's probate estate.
74.29 	(b) Except as otherwise provided by statute, a transferee of a nonprobate transfer 
74.30 	is subject to liability to any probate estate of the decedent for allowed claims against 
74.31 	decedent's probate that estate and statutory allowances to the decedent's spouse and 
74.32 	children to the extent the estate is insufficient to satisfy those claims and allowances. The 
74.33 	liability of a nonprobate transferee may not exceed the value of nonprobate transfers 
74.34 	received or controlled by that transferee.
75.1 	(c) Nonprobate transferees are liable for the insufficiency described in paragraph (b) 
75.2 	in the following order of priority:
75.3 	(1) a transferee designated in the decedent's will or any other governing instrument, 
75.4 	as provided in the instrument;
75.5 	(2) the trustee of a trust serving as the principal nonprobate instrument in the 
75.6 	decedent's estate plan as shown by its designation as devisee of the decedent's residuary 
75.7 	estate or by other facts or circumstances, to the extent of the value of the nonprobate 
75.8 	transfer received or controlled; and
75.9 	(3) other nonprobate transferees, in proportion to the values received.
75.10 	(d) Unless otherwise provided by the trust instrument, interests of beneficiaries in all 
75.11 	trusts incurring liabilities under this section abate as necessary to satisfy the liability, as if 
75.12 	all of the trust instruments were a single will and the interests were devises under it.
75.13 	(e) A provision made in one instrument may direct the apportionment of the liability 
75.14 	among the nonprobate transferees taking under that or any other governing instrument. If 
75.15 	a provision in one instrument conflicts with a provision in another, the later one prevails.
75.16 	(f) Upon due notice to a nonprobate transferee, the liability imposed by this section is 
75.17 	enforceable in proceedings in this state, whether or not the transferee is located in this state.
75.18 	(g) A proceeding under this section may not be commenced unless the personal 
75.19 	representative of the decedent's estate has received a written demand for the proceeding 
75.20 	from the surviving spouse or a child, to the extent that statutory allowances are affected, 
75.21 	or a creditor. If the personal representative declines or fails to commence a proceeding 
75.22 	after demand, a person making demand may commence the proceeding in the name of the 
75.23 	decedent's estate, at the expense of the person making the demand and not of the estate. A 
75.24 	personal representative who declines in good faith to commence a requested proceeding 
75.25 	incurs no personal liability for declining.
75.26 	(h) A proceeding under this section must be commenced within one year after the 
75.27 	decedent's death, but a proceeding on behalf of a creditor whose claim was allowed after 
75.28 	proceedings challenging disallowance of the claim may be commenced within 60 days 
75.29 	after final allowance of the claim.
75.30 	(i) Unless a written notice asserting that a decedent's probate estate is nonexistent or 
75.31 	insufficient to pay allowed claims and statutory allowances has been received from the 
75.32 	decedent's personal representative, the following rules apply:
75.33 	(1) Payment or delivery of assets by a financial institution, registrar, or other obligor, 
75.34 	to a nonprobate transferee in accordance with the terms of the governing instrument 
75.35 	controlling the transfer releases the obligor from all claims for amounts paid or assets 
75.36 	delivered.
76.1 	(2) A trustee receiving or controlling a nonprobate transfer is released from liability 
76.2 	under this section with respect to any assets distributed to the trust's beneficiaries. Each 
76.3 	beneficiary to the extent of the distribution received becomes liable for the amount of the 
76.4 	trustee's liability attributable to assets received by the beneficiary.

76.5 	Sec. 3. [524A.201] DEFINITIONS.
76.6 	(a) The definitions in this section apply to this chapter.
76.7 	(b) "Account" means a contract of deposit between a depositor and a financial 
76.8 	institution, and includes a checking account, savings account, certificate of deposit, and 
76.9 	share account.
76.10 	(c) "Agent" means a person authorized to make account transactions for a party.
76.11 	(d) "Beneficiary" means a person named as one to whom sums on deposit in an 
76.12 	account are payable on request after death of all parties or for whom a party is named 
76.13 	as trustee.
76.14 	(e) "Devisee" means a person designated in a will to receive a testamentary 
76.15 	disposition of real or personal property.
76.16 	(f) "Financial institution" means an organization authorized to do business under 
76.17 	state or federal laws relating to financial institutions, and includes a bank, trust company, 
76.18 	savings bank, building and loan association, savings and loan company or association, 
76.19 	and credit union.
76.20 	(g) "Heirs" means those persons, including surviving spouse, who are entitled under 
76.21 	the statutes of intestate succession to the property of a decedent.
76.22 	(h) "Multiple-party account" means an account payable on request to one or more of 
76.23 	two or more parties, whether or not a right of survivorship is mentioned.
76.24 	(i) "Party" means a person who, by the terms of an account, has a present right, 
76.25 	subject to request, to payment from the account other than as a beneficiary or agent.
76.26 	(j) "Payment" of sums on deposit includes withdrawal, payment to a party or third 
76.27 	person pursuant to check or other request, and a pledge of sums on deposit by a party, or a 
76.28 	set-off, reduction, or other disposition of all or part of an account pursuant to a pledge.
76.29 	(k) "Person" means an individual, a corporation, an organization, or other legal entity.
76.30 	(l) "Personal representative" includes executor, administrator, successor personal 
76.31 	representative, special administrator, and persons who perform substantially the same 
76.32 	function under the law governing their status.
76.33 	(m) "POD designation" means the designation of:
77.1 	(1) a beneficiary in an account payable on request to one party during the party's 
77.2 	lifetime and on the party's death to one or more beneficiaries, or to one or more parties 
77.3 	during their lifetimes and on death of all of them to one or more beneficiaries; or
77.4 	(2) a beneficiary in an account in the name of one or more parties as trustee for one 
77.5 	or more beneficiaries if the relationship is established by the terms of the account and 
77.6 	there is no subject of the trust other than the sums on deposit in the account, whether or 
77.7 	not payment to the beneficiary is mentioned.
77.8 	(n) "Receive," as it relates to notice to a financial institution, means receipt in the 
77.9 	office or branch office of the financial institution in which the account is established, but if 
77.10 	the terms of the account require notice at a particular place, in the place required.
77.11 	(o) "Request" means a request for payment complying with all terms of the account, 
77.12 	including special requirements concerning necessary signatures and regulations of the 
77.13 	financial institution; but, for purposes of this chapter, if terms of the account condition 
77.14 	payment on advance notice, a request for payment is treated as immediately effective and 
77.15 	a notice of intent to withdraw is treated as a request for payment.
77.16 	(p) "State" includes any state of the United States, the District of Columbia, the 
77.17 	Commonwealth of Puerto Rico, and any territory or possession subject to the legislative 
77.18 	authority of the United States.
77.19 	(q) "Successors" means those persons, other than creditors, who are entitled to 
77.20 	property of a decedent under the decedent's will or otherwise.
77.21 	(r) "Sums on deposit" means the balance payable on an account, including interest 
77.22 	and dividends earned, whether or not included in the current balance, and any deposit life 
77.23 	insurance proceeds added to the account by reason of death of a party.
77.24 	(s) "Terms of the account" includes the deposit agreement and other terms and 
77.25 	conditions, including the form, of the contract of deposit.

77.26 	Sec. 4. [524A.202] SCOPE OF CHAPTER.
77.27 	(a) This chapter applies to accounts in this state.
77.28 	(b) This chapter does not apply to:
77.29 	(1) an account established for a partnership, joint venture, or other organization 
77.30 	for a business purpose;
77.31 	(2) an account controlled by one or more persons as an agent or trustee for a 
77.32 	corporation, unincorporated association, or charitable or civic organization; or
77.33 	(3) a fiduciary or trust account in which the relationship is established other than by 
77.34 	the terms of the account.

78.1 	Sec. 5. [524A.203] TYPES OF ACCOUNT; EXISTING ACCOUNTS.
78.2 	(a) An account may be for a single party or multiple parties. A multiple-party 
78.3 	account may be with or without a right of survivorship between the parties. Subject to 
78.4 	section 524A.12, paragraph (c), either a single-party account or a multiple-party account 
78.5 	may have a POD designation, an agency designation, or both.
78.6 	(b) An account established before, on, or after the effective date of this chapter, 
78.7 	whether in the form prescribed in section 524A.104 or any other form, is either a 
78.8 	single-party account or a multiple-party account, with or without right of survivorship, 
78.9 	and with or without a POD designation or an agency designation, within the meaning of 
78.10 	this chapter, and is governed by this chapter.

78.11 	Sec. 6. [524A.204] FORMS.
78.12 	(a) A contract of deposit that contains provisions in substantially the following form 
78.13 	establishes the type of account provided, and the account is governed by the provisions of 
78.14 	this chapter applicable to an account of that type:

78.15	UNIFORM SINGLE- OR MULTIPLE-PARTY ACCOUNT FORM

78.16	PARTIES [Name One or More Parties]:
	
78.17	_____
	_____........

78.18	OWNERSHIP [Select One And Initial]:
			
78.19	_____
	SINGLE-PARTY ACCOUNT
			
78.20	_____
	MULTIPLE-PARTY ACCOUNT
			
78.21
78.22			Parties own account in proportion to net contributions unless there is 
clear and convincing evidence of a different intent.
	
78.23	RIGHTS AT DEATH [Select One And Initial]:
			
78.24	_____
	SINGLE-PARTY ACCOUNT
			
78.25			At death of party, ownership passes as part of party's estate.
	
78.26	_____
	SINGLE-PARTY ACCOUNT WITH POD (PAY ON DEATH)
		
78.27			DESIGNATION
		
78.28			[Name One Or More Beneficiaries]:
		
78.29			_____
	_____
		
78.30
78.31			At death of party, ownership passes to POD beneficiaries and is not 
part of party's estate.
	
78.32	_____
	MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP
		
78.33			At death of party, ownership passes to surviving parties.
		
78.34	_____
	MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP
	AND
	
78.35	POD (PAY ON DEATH) DESIGNATION
			
78.36			[Name One Or More Beneficiaries]:
		
78.37			_____
	_____
		
78.38
78.39			At death of last surviving party, ownership passes to POD beneficiaries 
and is not part of last surviving party's estate.
	
79.1
79.2	_____
	MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF 
SURVIVORSHIP
		
79.3
79.4			At death of party, deceased party's ownership passes as part of 
deceased party's estate.

79.5	AGENCY (POWER OF ATTORNEY) DESIGNATION [Optional]
	
79.6
79.7		Agents may make account transactions for parties but have no ownership or 
rights at death unless named as POD beneficiaries.
	
79.8		[To Add Agency Designation To Account, Name One Or More Agents]:
	
79.9		_____
	_____
		
79.10		[Select One And Initial]:
		
79.11
79.12		_____
	AGENCY DESIGNATION SURVIVES DISABILITY OR 
INCAPACITY OF PARTIES
	
79.13
79.14		_____
	AGENCY DESIGNATION TERMINATES ON DISABILITY OR 
INCAPACITY OF PARTIES
	
79.15 	(b) A contract of deposit that does not contain provisions in substantially the form 
79.16 	provided in paragraph (a) is governed by the provisions of this chapter applicable to the 
79.17 	type of account that most nearly conforms to the depositor's intent.

79.18 	Sec. 7. [524A.205] DESIGNATION OF AGENT.
79.19 	(a) By a writing signed by all parties, the parties may designate as agent of all parties 
79.20 	on an account a person other than a party.
79.21 	(b) Unless the terms of an agency designation provide that the authority of the agent 
79.22 	terminates on disability or incapacity of a party, the agent's authority survives disability 
79.23 	and incapacity. The agent may act for a disabled or incapacitated party until the authority 
79.24 	of the agent is terminated.
79.25 	(c) Death of the sole party or last surviving party terminates the authority of an agent.

79.26 	Sec. 8. [524A.206] APPLICABILITY OF CHAPTER.
79.27 	The provisions of sections 524A.211 to 524A.216 concerning beneficial ownership 
79.28 	as between parties or as between parties and beneficiaries apply only to controversies 
79.29 	between those persons and their creditors and other successors, and do not apply to the 
79.30 	right of those persons to payment as determined by the terms of the account. Sections 
79.31 	524A.222 to 524A.227 govern the liability and set-off rights of financial institutions 
79.32 	that make payments pursuant to it.

79.33 	Sec. 9. [524A.211] OWNERSHIP DURING LIFETIME.
79.34 	(a) In this section, "net contribution" of a party means the sum of all deposits to 
79.35 	an account made by or for the party, less all payments from the account made to or 
79.36 	for the party which have not been paid to or applied to the use of another party and a 
80.1 	proportionate share of any charges deducted from the account, plus a proportionate share 
80.2 	of any interest or dividends earned, whether or not included in the current balance. The 
80.3 	term includes any deposit life insurance proceeds added to the account by reason of death 
80.4 	of the party whose net contribution is in question.
80.5 	(b) During the lifetime of all parties, an account belongs to the parties in proportion 
80.6 	to the net contribution of each to the sums on deposit, unless there is clear and convincing 
80.7 	evidence of a different intent. As between parties married to each other, in the absence of 
80.8 	proof otherwise, the net contribution of each is presumed to be an equal amount.
80.9 	(c) A beneficiary in an account having a POD designation has no right to sums on 
80.10 	deposit during the lifetime of any party.
80.11 	(d) An agent in an account with an agency designation has no beneficial right 
80.12 	to sums on deposit.

80.13 	Sec. 10. [524A.212] RIGHTS AT DEATH.
80.14 	(a) Except as otherwise provided in this chapter, on death of a party sums on deposit 
80.15 	in a multiple-party account belong to the surviving party or parties. If two or more parties 
80.16 	survive and one is the surviving spouse of the decedent, the amount to which the decedent, 
80.17 	immediately before death, was beneficially entitled under section 524A.211 belongs to the 
80.18 	surviving spouse. If two or more parties survive and none is the surviving spouse of the 
80.19 	decedent, the amount to which the decedent, immediately before death, was beneficially 
80.20 	entitled under section 524A.211 belongs to the surviving parties in equal shares, and 
80.21 	augments the proportion to which each survivor, immediately before the decedent's death, 
80.22 	was beneficially entitled under section 524A.211, and the right of survivorship continues 
80.23 	between the surviving parties.
80.24 	(b) In an account with a POD designation:
80.25 	(1) On death of one of two or more parties, the rights in sums on deposit are 
80.26 	governed by paragraph (a).
80.27 	(2) On death of the sole party or the last survivor of two or more parties, sums on 
80.28 	deposit belong to the surviving beneficiary or beneficiaries. If two or more beneficiaries 
80.29 	survive, sums on deposit belong to them in equal and undivided shares, and there is no 
80.30 	right of survivorship in the event of death of a beneficiary thereafter. If no beneficiary 
80.31 	survives, sums on deposit belong to the estate of the last surviving party.
80.32 	(c) Sums on deposit in a single-party account without a POD designation, or in a 
80.33 	multiple-party account that, by the terms of the account, is without right of survivorship, 
80.34 	are not affected by death of a party, but the amount to which the decedent, immediately 
80.35 	before death, was beneficially entitled under section 524A.211 is transferred as part of 
81.1 	the decedent's estate. A POD designation in a multiple-party account without right of 
81.2 	survivorship is ineffective. For purposes of this section, designation of an account as a 
81.3 	tenancy in common establishes that the account is without right of survivorship.
81.4 	(d) The ownership right of a surviving party or beneficiary, or of the decedent's 
81.5 	estate, in sums on deposit is subject to requests for payment made by a party before the 
81.6 	party's death, whether paid by the financial institution before or after death, or unpaid. 
81.7 	The surviving party or beneficiary, or the decedent's estate, is liable to the payee of an 
81.8 	unpaid request for payment. The liability is limited to a proportionate share of the amount 
81.9 	transferred under this section, to the extent necessary to discharge the request for payment.

81.10 	Sec. 11. [524A.213] ALTERATION OF RIGHTS.
81.11 	(a) Rights at death under section 524A.212 are determined by the type of account 
81.12 	at the death of a party. The type of account may be altered by written notice given by a 
81.13 	party to the financial institution to change the type of account or to stop or vary payment 
81.14 	under the terms of the account. The notice must be signed by a party and received by the 
81.15 	financial institution during the party's lifetime.
81.16 	(b) A right of survivorship arising from the express terms of the account, section 
81.17 	524A.212, or a POD designation, may not be altered by will.

81.18 	Sec. 12. [524A.214] ACCOUNTS AND TRANSFERS NONTESTAMENTARY.
81.19 	Except as provided in the statutes governing augmented estates or as a consequence 
81.20 	of, and to the extent directed by, section 524A.215, a transfer resulting from the application 
81.21 	of section 524A.212 is effective by reason of the terms of the account involved and this 
81.22 	chapter and is not testamentary or subject to estate administration.

81.23 	Sec. 13. [524A.215] RIGHTS OF CREDITORS AND OTHERS.
81.24 	(a) For the purpose of this section, a nonprobate transfer occurs if the last domicile 
81.25 	of a depositor whose interest is transferred under section 524A.212 was in this state.
81.26 	(b) A transferee of a nonprobate transfer is subject to liability to any probate estate 
81.27 	of the decedent for allowed claims against that estate and statutory allowances to the 
81.28 	decedent's spouse and children to the extent the estate is insufficient to satisfy those claims 
81.29 	and allowances. The liability of a nonprobate transferee may not exceed the value of 
81.30 	nonprobate transfers received by that transferee.
81.31 	(c) Nonprobate transferees are liable for the insufficiency described in paragraph (b) 
81.32 	in the following order of priority:
82.1 	(1) a transferee designated in the decedent's will or any other governing instrument, 
82.2 	as provided in the instrument;
82.3 	(2) the trustee of a trust serving as the principal nonprobate instrument in the 
82.4 	decedent's estate plan as shown by its designation as devisee of the decedent's residuary 
82.5 	estate or by other facts or circumstances, to the extent of the value of the nonprobate 
82.6 	transfer received;
82.7 	(3) other nonprobate transferees, in proportion to the values received.
82.8 	(d) A provision made in one instrument may direct the apportionment of the liability 
82.9 	among the nonprobate transferees taking under that or any other governing instrument. If 
82.10 	a provision in one instrument conflicts with a provision in another, the later one prevails.
82.11 	(e) Upon due notice to a nonprobate transferee, the liability imposed by this section is 
82.12 	enforceable in proceedings in this state, whether or not the transferee is located in this state.
82.13 	(f) A proceeding under this section may not be commenced unless the personal 
82.14 	representative of the decedent's estate has received a written demand for the proceeding 
82.15 	from the surviving spouse or a child, to the extent that statutory allowances are affected, 
82.16 	or a creditor. If the personal representative declines or fails to commence a proceeding 
82.17 	after demand, a person making demand may commence the proceeding in the name of the 
82.18 	decedent's estate, at the expense of the person making the demand and not of the estate. A 
82.19 	personal representative who declines in good faith to commence a requested proceeding 
82.20 	incurs no personal liability for declining.
82.21 	(g) A proceeding under this section must be commenced within one year after the 
82.22 	decedent's death, but a proceeding on behalf of a creditor whose claim was allowed after 
82.23 	proceedings challenging disallowance of the claim may be commenced within 60 days 
82.24 	after final allowance of the claim.
82.25 	(h) Unless a written notice asserting that a decedent's estate is insufficient to pay 
82.26 	allowed claims and statutory allowances has been received from the decedent's personal 
82.27 	representative, a trustee receiving a nonprobate transfer is released from liability under this 
82.28 	section with respect to any assets distributed to the trust's beneficiaries. Each beneficiary 
82.29 	to the extent of the distribution received becomes liable for the amount of the trustee's 
82.30 	liability attributable to assets received by the beneficiary.
82.31 	(i) In this section:
82.32 	(1) "child" includes any individual entitled to take as a child by intestate succession 
82.33 	from the parent whose relationship is involved and excludes any person who is only a 
82.34 	stepchild, a foster child, a grandchild, or any more remote descendant; and
82.35 	(2) "claims," in respect to the estate of a decedent, includes liabilities of the decedent 
82.36 	whether arising in contract, tort or otherwise, and liabilities of the estate which arise at or 
83.1 	after the death of the decedent, including funeral expenses and expenses of administration. 
83.2 	The term does not include estate or inheritance taxes, or demands or disputes regarding 
83.3 	title of a decedent to specific assets alleged to be included in the estate.

83.4 	Sec. 14. [524A.216] COMMUNITY PROPERTY AND TENANCY BY THE 
83.5 	ENTIRETIES.
83.6 	(a) A deposit of community property in an account does not alter the community 
83.7 	character of the property or community rights in the property, but a right of survivorship 
83.8 	between parties married to each other arising from the express terms of the account or 
83.9 	section 524A.212 may not be altered by will.
83.10 	(b) This chapter does not affect the law governing tenancy by the entireties.

83.11 	Sec. 15. [524A.221] AUTHORITY OF FINANCIAL INSTITUTION.
83.12 	A financial institution may enter into a contract of deposit for a multiple-party 
83.13 	account to the same extent it may enter into a contract of deposit for a single-party 
83.14 	account, and may provide for a POD designation and an agency designation in either a 
83.15 	single-party account or a multiple-party account. A financial institution need not inquire 
83.16 	as to the source of a deposit to an account or as to the proposed application of a payment 
83.17 	from an account.

83.18 	Sec. 16. [524A.222] PAYMENT ON MULTIPLE-PARTY ACCOUNT.
83.19 	A financial institution, on request, may pay sums on deposit in a multiple-party 
83.20 	account to:
83.21 	(1) one or more of the parties, whether or not another party is disabled, incapacitated, 
83.22 	or deceased when payment is requested and whether or not the party making the request 
83.23 	survives another party; or
83.24 	(2) the personal representative, if any, or, if there is none, the heirs or devisees of a 
83.25 	deceased party if proof of death is presented to the financial institution showing that the 
83.26 	deceased party was the survivor of all other persons named on the account either as a party 
83.27 	or beneficiary, unless the account is without right of survivorship under section 524A.212.

83.28 	Sec. 17. [524A.223] PAYMENT ON POD DESIGNATION.
83.29 	A financial institution, on request, may pay sums on deposit in an account with a 
83.30 	POD designation to:
84.1 	(1) one or more of the parties, whether or not another party is disabled, incapacitated, 
84.2 	or deceased when the payment is requested and whether or not a party survives another 
84.3 	party;
84.4 	(2) the beneficiary or beneficiaries, if proof of death is presented to the financial 
84.5 	institution showing that the beneficiary or beneficiaries survived all persons named 
84.6 	as parties; or
84.7 	(3) the personal representative, if any, or, if there is none, the heirs or devisees of 
84.8 	a deceased party, if proof of death is presented to the financial institution showing that 
84.9 	the deceased party was the survivor of all other persons named on the account either 
84.10 	as a party or beneficiary.

84.11 	Sec. 18. [524A.224] PAYMENT TO DESIGNATED AGENT.
84.12 	A financial institution, on request of an agent under an agency designation for an 
84.13 	account, may pay to the agent sums on deposit in the account, whether or not a party is 
84.14 	disabled, incapacitated, or deceased when the request is made or received, and whether or 
84.15 	not the authority of the agent terminates on the disability or incapacity of a party.

84.16 	Sec. 19. [524A.225] PAYMENT TO MINOR.
84.17 	If a financial institution is required or permitted to make payment pursuant to this 
84.18 	chapter to a minor designated as a beneficiary, payment may be made pursuant to the 
84.19 	Uniform Transfers to Minors Act.

84.20 	Sec. 20. [524A.226] DISCHARGE.
84.21 	(a) Payment made pursuant to this chapter in accordance with the type of account 
84.22 	discharges the financial institution from all claims for amounts so paid, whether or not 
84.23 	the payment is consistent with the beneficial ownership of the account as between 
84.24 	parties, beneficiaries, or their successors. Payment may be made whether or not a party, 
84.25 	beneficiary, or agent is disabled, incapacitated, or deceased when payment is requested, 
84.26 	received, or made.
84.27 	(b) Protection under this section does not extend to payments made after a financial 
84.28 	institution has received written notice from a party, or from the personal representative, 
84.29 	surviving spouse, or heir or devisee of a deceased party, to the effect that payments in 
84.30 	accordance with the terms of the account, including one having an agency designation, 
84.31 	should not be permitted, and the financial institution has had a reasonable opportunity 
84.32 	to act on it when the payment is made. Unless the notice is withdrawn by the person 
84.33 	giving it, the successor of any deceased party must concur in a request for payment if the 
85.1 	financial institution is to be protected under this section. Unless a financial institution has 
85.2 	been served with process in an action or proceeding, no other notice or other information 
85.3 	shown to have been available to the financial institution affects its right to protection 
85.4 	under this section.
85.5 	(c) A financial institution that receives written notice pursuant to this section or 
85.6 	otherwise has reason to believe that a dispute exists as to the rights of the parties may 
85.7 	refuse, without liability, to make payments in accordance with the terms of the account.
85.8 	(d) Protection of a financial institution under this section does not affect the rights 
85.9 	of parties in disputes between themselves or their successors concerning the beneficial 
85.10 	ownership of sums on deposit in accounts or payments made from accounts.

85.11 	Sec. 21. [524A.227] SET-OFF.
85.12 	Without qualifying any other statutory right to set-off or lien and subject to any 
85.13 	contractual provision, if a party is indebted to a financial institution, the financial 
85.14 	institution has a right to set-off against the account. The amount of the account subject 
85.15 	to set-off is the proportion to which the party is, or immediately before death was, 
85.16 	beneficially entitled under section 524A.211 or, in the absence of proof of that proportion, 
85.17 	an equal share with all parties.

85.18 	Sec. 22. [524A.231] SHORT TITLE.
85.19 	This chapter may be cited as the Uniform Multiple-Person Accounts Act.

85.20 	Sec. 23. [524A.301] DEFINITIONS.
85.21 	(a) The definitions in this section apply to sections 524A.301 to 524A.310.
85.22 	(b) "Beneficiary form" means a registration of a security which indicates the present 
85.23 	owner of the security and the intention of the owner regarding the person who will become 
85.24 	the owner of the security upon the death of the owner.
85.25 	(c) "Devisee" means any person designated in a will to receive a disposition of 
85.26 	real or personal property.
85.27 	(d) "Heirs" means those persons, including the surviving spouse, who are entitled 
85.28 	under the statutes of intestate succession to the property of a decedent.
85.29 	(e) "Person" means an individual, a corporation, an organization, or other legal entity.
85.30 	(f) "Personal representative" includes executor, administrator, successor personal 
85.31 	representative, special administrator, and persons who perform substantially the same 
85.32 	function under the law governing their status.
86.1 	(g) "Property" includes both real and personal property or any interest therein and 
86.2 	means anything that may be the subject of ownership.
86.3 	(h) "Register," including its derivatives, means to issue a certificate showing the 
86.4 	ownership of a certificated security or, in the case of an uncertificated security, to initiate 
86.5 	or transfer an account showing ownership of securities.
86.6 	(i) "Registering entity" means a person who originates or transfers a security title 
86.7 	by registration, and includes a broker maintaining security accounts for customers and a 
86.8 	transfer agent or other person acting for or as an issuer of securities.
86.9 	(j) "Security" means a share, participation, or other interest in property, in a business, 
86.10 	or in an obligation of an enterprise or other issuer, and includes a certificated security, an 
86.11 	uncertificated security, and a security account.
86.12 	(k) "Security account" means:
86.13 	(1) a reinvestment account associated with a security, a securities account with a 
86.14 	broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned 
86.15 	or declared on a security in an account, a reinvestment account, or a brokerage account, 
86.16 	whether or not credited to the account before the owner's death; or
86.17 	(2) a cash balance or other property held for or due to the owner of a security as a 
86.18 	replacement for or product of an account security, whether or not credited to the account 
86.19 	before the owner's death.
86.20 	(l) "State" includes any state of the United States, the District of Columbia, the 
86.21 	Commonwealth of Puerto Rico, and any territory or possession subject to the legislative 
86.22 	authority of the United States.

86.23 	Sec. 24. [524A.302] REGISTRATION IN BENEFICIARY FORM; SOLE OR 
86.24 	JOINT TENANCY OWNERSHIP.
86.25 	Only individuals whose registration of a security shows sole ownership by one 
86.26 	individual or multiple ownership by two or more with right of survivorship, rather than 
86.27 	as tenants in common, may obtain registration in beneficiary form. Multiple owners of a 
86.28 	security registered in beneficiary form hold as joint tenants with right of survivorship, as 
86.29 	tenants by the entireties, or as owners of community property held in survivorship form, 
86.30 	and not as tenants in common.

86.31 	Sec. 25. [524A.303] REGISTRATION IN BENEFICIARY FORM; APPLICABLE 
86.32 	LAW.
86.33 	A security may be registered in beneficiary form if the form is authorized by this or a 
86.34 	similar statute of the state of organization of the issuer or registering entity, the location of 
87.1 	the registering entity's principal office, the office of its transfer agent or its office making 
87.2 	the registration, or by this or a similar statute of the law of the state listed as the owner's 
87.3 	address at the time of registration. A registration governed by the law of a jurisdiction 
87.4 	in which this or similar legislation is not in force or was not in force when a registration 
87.5 	in beneficiary form was made is nevertheless presumed to be valid and authorized as 
87.6 	a matter of contract law.

87.7 	Sec. 26. [524A.304] ORIGINATION OF REGISTRATION IN BENEFICIARY 
87.8 	FORM.
87.9 	A security, whether evidenced by certificate or account, is registered in beneficiary 
87.10 	form when the registration includes a designation of a beneficiary to take the ownership at 
87.11 	the death of the owner or the deaths of all multiple owners.

87.12 	Sec. 27. [524A.305] FORM OF REGISTRATION IN BENEFICIARY FORM.
87.13 	Registration in beneficiary form may be shown by the words "transfer on death" or 
87.14 	the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after 
87.15 	the name of the registered owner and before the name of a beneficiary.

87.16 	Sec. 28. [524A.306] EFFECT OF REGISTRATION IN BENEFICIARY FORM.
87.17 	The designation of a TOD beneficiary on a registration in beneficiary form has no 
87.18 	effect on ownership until the owner's death. A registration of a security in beneficiary 
87.19 	form may be canceled or changed at any time by the sole owner or all then surviving 
87.20 	owners without the consent of the beneficiary.

87.21 	Sec. 29. [524A.307] OWNERSHIP ON DEATH OF OWNER.
87.22 	On death of a sole owner or the last to die of all multiple owners, ownership of 
87.23 	securities registered in beneficiary form passes to the beneficiary or beneficiaries who 
87.24 	survive all owners. On proof of death of all owners and compliance with any applicable 
87.25 	requirements of the registering entity, a security registered in beneficiary form may be 
87.26 	reregistered in the name of the beneficiary or beneficiaries who survived the death of all 
87.27 	owners. Until division of the security after the death of all owners, multiple beneficiaries 
87.28 	surviving the death of all owners hold their interests as tenants in common. If no 
87.29 	beneficiary survives the death of all owners, the security belongs to the estate of the 
87.30 	deceased sole owner or the estate of the last to die of all multiple owners.

87.31 	Sec. 30. [524A.308] PROTECTION OF REGISTERING ENTITY.
88.1 	(a) A registering entity is not required to offer or to accept a request for security 
88.2 	registration in beneficiary form. If a registration in beneficiary form is offered by a 
88.3 	registering entity, the owner requesting registration in beneficiary form assents to the 
88.4 	protections given to the registering entity by sections 524A.301 to 524A.310.
88.5 	(b) By accepting a request for registration of a security in beneficiary form, the 
88.6 	registering entity agrees that the registration will be implemented on death of the deceased 
88.7 	owner as provided in sections 524A.301 to 524A.310.
88.8 	(c) A registering entity is discharged from all claims to a security by the estate, 
88.9 	creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security 
88.10 	in accordance with section 524A.307 and does so in good faith reliance on (1) the 
88.11 	registration, (2) sections 524A.301 to 524A.310, and (3) information provided to it 
88.12 	by affidavit of the personal representative of the deceased owner, or by the surviving 
88.13 	beneficiary or by the surviving beneficiary's representatives, or other information available 
88.14 	to the registering entity. The protections of sections 524A.301 to 524A.310 do not 
88.15 	extend to a reregistration or payment made after a registering entity has received written 
88.16 	notice from any claimant to any interest in the security objecting to implementation of 
88.17 	a registration in beneficiary form. No other notice or other information available to the 
88.18 	registering entity affects its right to protection under sections 524A.301 to 524A.310.
88.19 	(d) The protection provided by sections 524A.301 to 524A.310 to the registering 
88.20 	entity of a security does not affect the rights of beneficiaries in disputes between 
88.21 	themselves and other claimants to ownership of the security transferred or its value or 
88.22 	proceeds.

88.23 	Sec. 31. [524A.309] NONTESTAMENTARY TRANSFER ON DEATH.
88.24 	A transfer on death resulting from a registration in beneficiary form is effective by 
88.25 	reason of the contract regarding the registration between the owner and the registering 
88.26 	entity and sections 524A.301 to 524A.310 and is not testamentary.

88.27 	Sec. 32. [524A.310] TERMS, CONDITIONS, AND FORMS FOR 
88.28 	REGISTRATION.
88.29 	(a) A registering entity offering to accept registrations in beneficiary form may 
88.30 	establish the terms and conditions under which it will receive requests (1) for registrations 
88.31 	in beneficiary form, and (2) for implementation of registrations in beneficiary form, 
88.32 	including requests for cancellation of previously registered TOD beneficiary designations 
88.33 	and requests for reregistration to effect a change of beneficiary. The terms and conditions 
88.34 	so established may provide for proving death, avoiding or resolving any problems 
89.1 	concerning fractional shares, designating primary and contingent beneficiaries, and 
89.2 	substituting a named beneficiary's descendants to take in the place of the named beneficiary 
89.3 	in the event of the beneficiary's death. Substitution may be indicated by appending to the 
89.4 	name of the primary beneficiary the letters LDPS, standing for "lineal descendants per 
89.5 	stirpes." This designation substitutes a deceased beneficiary's descendants who survive 
89.6 	the owner for a beneficiary who fails to so survive, the descendants to be identified 
89.7 	and to share in accordance with the law of the beneficiary's domicile at the owner's 
89.8 	death governing inheritance by descendants of an intestate. Other forms of identifying 
89.9 	beneficiaries who are to take on one or more contingencies, and rules for providing proofs 
89.10 	and assurances needed to satisfy reasonable concerns by registering entities regarding 
89.11 	conditions and identities relevant to accurate implementation of registrations in beneficiary 
89.12 	form, may be contained in a registering entity's terms and conditions.
89.13 	(b) The following are illustrations of registrations in beneficiary form which a 
89.14 	registering entity may authorize:
89.15 	(1) Sole owner-sole beneficiary: John S Brown TOD (or POD) John S Brown Jr.
89.16 	(2) Multiple owners-sole beneficiary: John S Brown Mary B Brown JT TEN TOD 
89.17 	John S Brown Jr.
89.18 	(3) Multiple owners-primary and secondary (substituted) beneficiaries: John S 
89.19 	Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown or John 
89.20 	S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.

89.21 	Sec. 33. [524A.311] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
89.22 	This chapter shall be applied and construed to effectuate its general purpose to make 
89.23 	uniform the law with respect to the subject of this chapter among states enacting it.

89.24 	Sec. 34. [524A.312] SUPPLEMENTARY GENERAL PRINCIPLES OF LAW 
89.25 	APPLICABLE.
89.26 	Unless displaced by the particular provisions of this chapter, the principles of law 
89.27 	and equity supplement its provisions.

89.28 	Sec. 35. REPEALER.
 89.29 	Minnesota Statutes 2008, sections 524.6-201; 524.6-202; 524.6-203; 524.6-204; 
89.30 	524.6-205; 524.6-206; 524.6-207; 524.6-208; 524.6-209; 524.6-210; 524.6-211; 
89.31 	524.6-212; 524.6-213; and 524.6-214, are repealed.

89.32 	Sec. 36. EFFECTIVE DATE.
 90.1 	(a) This article is effective January 1, 2010.
90.2 	(b) On January 1, 2010:
90.3 	(1) an act done before January 1, 2010, and any accrued right is not impaired by 
90.4 	this article. If a right is acquired, extinguished, or barred on the expiration of a prescribed 
90.5 	period of time that has commenced to run by the provisions of any statute before January 
90.6 	1, 2010, the provisions shall remain in force with respect to that right; and
90.7 	(2) any rule of construction or presumption provided in this chapter applies to 
90.8 	accounts established before January 1, 2010, unless there is a clear indication of a contrary 
90.9 	intent.
90.10 	(c) The rights of a party, beneficiary, or creditor in an account established before 
90.11 	January 1, 2010, are governed by the law applicable before January 1, 2010, for a period 
90.12 	of one year after January 1, 2010, and thereafter are governed by this chapter.