HF 3589

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/18/2024 01:31pm

A bill for an act
relating to trusts; clarifying in rem jurisdiction for judicial proceedings; amending
Minnesota Statutes 2022, sections 501C.0202; 501C.0204, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 501C.0202, is amended to read:

501C.0202 SUBJECT MATTER OF JUDICIAL PROCEEDINGS.

A judicial proceeding new text begin , whether filed by petition under the district court's in rem or in
personam jurisdiction, new text end involving a trust may relate to one or more of the following matters:

(1) to confirm an action taken by a trustee;

(2) upon the filing of an account, to settle and allow the account;

(3) to determine the persons having an interest in the income or principal of the trust
and the nature and extent of their interests;

(4) to construe, interpret, or reform the terms of a trust, or authorize a deviation from
the terms of a trust, including a proceeding involving section 501B.31;

(5) to approve payment of the trustee's, attorney, or accountant fees, or any other fees
to be charged against the trust;

(6) to confirm the appointment of a trustee;

(7) to accept a trustee's resignation and discharge the trustee from the trust as provided
in section 501C.0705;

(8) to require a trustee to account;

(9) to remove a trustee as provided in section 501C.0706;

(10) to appoint a successor trustee when required by the terms of the trust instrument or
when by reason of death, resignation, removal, or other cause there is no acting trustee;

(11) to appoint an additional trustee or special fiduciary whether or not a vacancy in
trusteeship exists as provided in section 501C.0704;

(12) to confirm an act taken by a person with respect to a trust while there was no acting
trustee or otherwise in compliance with section 501C.0701;

(13) to subject a trust to or remove a trust from continuing court supervision under
section 501C.0205;

(14) to mortgage, lease, sell, or otherwise dispose of real property held by the trustee
notwithstanding any contrary provision of the trust instrument;

(15) to suspend the powers and duties of a trustee in military service or war service, in
accordance with section 525.95, and to order further action authorized in that section;

(16) to secure compliance with the provisions of sections 501B.33 to 501B.45, in
accordance with section 501B.41, relating to charitable trusts;

(17) to determine the validity of a disclaimer under sections 524.2-1101 to 524.2-1116;

(18) to transfer the trust's principal place of administration as provided in section
501C.0108;

(19) to redress a breach of trust;

(20) to terminate a trust;

(21) to divide a trust or to merge two or more trusts as provided in section 501C.0417;

(22) to approve a nonjudicial settlement as provided in section 501C.0111;

(23) to approve, modify, or object to a proposed trust decanting as provided in section
502.851; or

(24) to instruct the trustee regarding any matter involving the trust's administration or
the discharge of the trustee's duties, including a request for instructions and an action to
declare rights.

Sec. 2.

Minnesota Statutes 2022, section 501C.0204, subdivision 1, is amended to read:

Subdivision 1.

In rem judicial proceedings.

Upon the hearing of a petition under the
district court's in rem jurisdiction, the court shall make an order it considers appropriate.
The order is binding in rem upon the trust estate and deleted text begin upon the interests of deleted text end new text begin all interested
persons, including without limitation new text end all beneficiaries, vested or contingent, even though
unascertained or not in being. An appeal from an order which, in effect, determines the
petition may be taken by any party after service by any party of written notice of its filing
as provided under the Rules of Appellate Procedure or, if no notice is served, within six
months after the filing of the order.

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective retroactively from January 1, 2016.
new text end