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HF 651

3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to probate; clarifying and correcting 
  1.3             provisions of the uniform probate code; expanding 
  1.4             authority for safe deposit box searches, division and 
  1.5             merger of trusts, and granting of power-of-attorney to 
  1.6             spouses in certain cases; amending Minnesota Statutes 
  1.7             1994, sections 55.10, subdivision 4; 501B.16; 501B.71, 
  1.8             by adding a subdivision; 507.02; 519.06; 519.07; 
  1.9             519.11, subdivision 2; 523.23, subdivision 1; 523.24, 
  1.10            subdivision 1; 524.1-201; 524.2-508; 524.3-914; 
  1.11            524.3-916; 524.3-1001; 524.3-1008; 524.3-1201; 
  1.12            524.3-1202; and 524.3-1203; proposing coding for new 
  1.13            law in Minnesota Statutes, chapters 501B; and 524; 
  1.14            repealing Minnesota Statutes 1994, sections 525.145; 
  1.15            and 525.51.  
  1.17     Section 1.  Minnesota Statutes 1994, section 55.10, 
  1.18  subdivision 4, is amended to read: 
  1.20  INVENTORY OF CONTENTS.] (a) Upon being furnished with 
  1.21  satisfactory proof of death of a sole lessee or the last 
  1.22  surviving co-lessee of a safe deposit box, the safe deposit 
  1.23  company shall open the box and examine the contents in the 
  1.24  presence of an employee of the safe deposit company and an 
  1.25  individual who appears in person and furnishes an affidavit 
  1.26  stating that the individual believes: 
  1.27     (1) the box may contain the will or deed to a burial lot or 
  1.28  a document containing instructions for the burial of the lessee; 
  1.29  and 
  1.30     (2) the individual is an interested person as defined in 
  2.1   this section and wishes to open the box for any one or more of 
  2.2   the following purposes: 
  2.3      (i) to conduct a will search; 
  2.4      (ii) to obtain a document required to facilitate the 
  2.5   lessee's wishes regarding body, funeral, or burial arrangements; 
  2.6   or 
  2.7      (iii) to obtain an inventory of the contents of the box. 
  2.8      (b) The safe deposit company may not open the box under 
  2.9   this section if it has received a copy of letters of office of 
  2.10  the representative of the deceased lessee's estate or other 
  2.11  applicable court order.  
  2.12     (b) (c) The safe deposit company need not open the box if: 
  2.13     (1) the box has previously been opened under this 
  2.14  section for the same purpose; 
  2.15     (2) the safe deposit company has received notice of a 
  2.16  written or oral objection from any person or has reason to 
  2.17  believe that there would be an objection; or 
  2.18     (3) the lessee's key or combination is not available. 
  2.19     (c) (d) For purposes of this section, the term "interested 
  2.20  person" means any of the following: 
  2.21     (1) a person named as personal representative in a 
  2.22  purported will of the lessee; 
  2.23     (2) a person who immediately prior to the death of the 
  2.24  lessee had the right of access to the box as a deputy; 
  2.25     (3) the surviving spouse of the lessee; 
  2.26     (4) a devisee of the lessee; 
  2.27     (5) an heir of the lessee; or 
  2.28     (6) a person designated by the lessee in a writing 
  2.29  acceptable to the safe deposit company which is filed with the 
  2.30  safe deposit company before death. 
  2.31     (d) (e) For purposes of this section, the term "will" 
  2.32  includes a will or a codicil. 
  2.33     (e) (f) If the box is opened for the purpose of conducting 
  2.34  a will search, the safe deposit company shall remove any 
  2.35  document that appears to be a will and make a true and correct 
  2.36  machine copy thereof, replace the copy in the box, and then 
  3.1   deliver the original thereof to the clerk of court for the 
  3.2   county in which the lessee resided immediately before the 
  3.3   lessee's death, if known to the safe deposit company, otherwise 
  3.4   to the clerk of the court for the county in which the safe 
  3.5   deposit box is located.  The will may must be personally 
  3.6   delivered or sent by registered mail.  If the interested person 
  3.7   so requests, any deed to burial lot or document containing 
  3.8   instructions for the burial of the lessee may be copied by the 
  3.9   safe deposit box company and the copy or copies thereof 
  3.10  delivered to the interested person.  No other contents may be 
  3.11  removed pursuant to this subdivision. 
  3.12     (g) If the box is opened for the purpose of obtaining a 
  3.13  document required to facilitate the lessee's wishes regarding 
  3.14  the body, funeral, or burial arrangements, any such document may 
  3.15  be removed from the box and delivered to the interested person 
  3.16  with a true and correct machine copy retained in the box.  If 
  3.17  the safe deposit box company discovers a document that appears 
  3.18  to be a will, the safe deposit company shall act in accordance 
  3.19  with paragraph (f). 
  3.20     (h) If the box is opened for the purpose of obtaining an 
  3.21  inventory of the contents of the box, the employee of the safe 
  3.22  deposit company shall make, or cause to be made, an inventory of 
  3.23  the contents of the box, to which the employee and the 
  3.24  interested person shall attest under penalty of perjury to be 
  3.25  correct and complete.  Within ten days of opening the box 
  3.26  pursuant to this subdivision, the safe deposit company shall 
  3.27  deliver the original inventory of the contents to the clerk of 
  3.28  court for the county in which the lessee resided immediately 
  3.29  before the lessee's death, if known to the safe deposit company, 
  3.30  otherwise to the clerk of court for the county in which the safe 
  3.31  deposit box is located.  The inventory must be personally 
  3.32  delivered or sent by registered mail.  If the interested person 
  3.33  so requests, the safe deposit company shall make a true and 
  3.34  correct copy of any document in the box and deliver that copy to 
  3.35  the interested person.  If the contents of the box include a 
  3.36  document that appears to be a will, the safe deposit company 
  4.1   shall act in accordance with paragraph (f). 
  4.2      (f) (i) The safe deposit company need not ascertain the 
  4.3   truth of any statement in the affidavit required to be furnished 
  4.4   under this subdivision and when acting in reliance upon an 
  4.5   affidavit, it is discharged as if it dealt with the personal 
  4.6   representative of the lessee.  The safe deposit company is not 
  4.7   responsible for the adequacy of the description of any property 
  4.8   included in an inventory of the contents of a safe deposit box.  
  4.9   If the safe deposit company is not satisfied that the 
  4.10  requirements of this subdivision have been met, it may decline 
  4.11  to open the box.  
  4.12     (j) No contents of a box other than a will and a document 
  4.13  required to facilitate the lessee's wishes regarding body, 
  4.14  funeral, or burial arrangements may be removed pursuant to this 
  4.15  subdivision.  The entire contents of the box, however, may be 
  4.16  removed pursuant to section 524.3-1201. 
  4.17     Sec. 2.  [501B.15] [DIVISION AND MERGER OF TRUSTS.] 
  4.18     Subdivision 1.  [DIVISION.] A trustee may, without the 
  4.19  approval of any court, divide a trust, before or after it is 
  4.20  funded, into two or more separate trusts if the trustee 
  4.21  determines that dividing the trust is in the best interests of 
  4.22  all persons interested in the trust and will not substantially 
  4.23  impair the accomplishment of the purposes of the trust. 
  4.24     Subd. 2.  [MERGER.] A trustee may, without the approval of 
  4.25  any court, merge two or more trusts having substantially similar 
  4.26  terms and identical beneficiaries into a single trust if the 
  4.27  trustee determines that merging the trusts is in the best 
  4.28  interests of all persons interested in the trusts and will not 
  4.29  substantially impair the accomplishment of the purposes of the 
  4.30  trusts. 
  4.31     Subd. 3.  [APPLICATION.] Subdivisions 1 and 2 apply to all 
  4.32  trusts whenever executed or created. 
  4.33     Sec. 3.  Minnesota Statutes 1994, section 501B.16, is 
  4.34  amended to read: 
  4.35     501B.16 [PETITION FOR COURT ORDER.] 
  4.36     A trustee of an express trust by will or other written 
  5.1   instrument or a person interested in the trust may petition the 
  5.2   district court for an order: 
  5.3      (1) to confirm an action taken by a trustee; 
  5.4      (2) upon filing of an account, to settle and allow the 
  5.5   account; 
  5.6      (3) to determine the persons having an interest in the 
  5.7   income or principal of the trust and the nature and extent of 
  5.8   their interests; 
  5.9      (4) to construe, interpret, or reform the terms of a trust, 
  5.10  or authorize a deviation from the terms of a trust, including a 
  5.11  proceeding involving section 501B.31; 
  5.12     (5) to approve payment of the trustee's fees, attorneys' 
  5.13  fees, accountants' fees, or any other fees to be charged against 
  5.14  the trust; 
  5.15     (6) to confirm the appointment of a trustee; 
  5.16     (7) to accept a trustee's resignation and discharge the 
  5.17  trustee from the trust; 
  5.18     (8) to require a trustee to account; 
  5.19     (9) to remove a trustee for cause; 
  5.20     (10) to appoint a successor trustee when required by the 
  5.21  terms of the trust instrument or when by reason of death, 
  5.22  resignation, removal, or other cause there is no acting trustee; 
  5.23     (11) to confirm an act performed in execution of the trust 
  5.24  by a person while there was no acting trustee; 
  5.25     (12) to subject a trust to continuing court supervision 
  5.26  under section 501B.23; 
  5.27     (13) to remove a trust from continuing court supervision 
  5.28  under section 501B.23; 
  5.29     (14) to mortgage, lease, sell, or otherwise dispose of real 
  5.30  property held by the trustee notwithstanding any contrary 
  5.31  provision of the trust instrument; 
  5.32     (15) to suspend the powers and duties of a trustee in 
  5.33  military service or war service in accordance with section 
  5.34  525.95 and to order further action authorized in that section; 
  5.35     (16) to secure compliance with the provisions of sections 
  5.36  501B.33 to 501B.45, in accordance with section 501B.41; 
  6.1      (17) to determine the validity of a disclaimer filed under 
  6.2   section 501B.86; 
  6.3      (18) to change the situs of a trust; 
  6.4      (19) to redress a breach of trust; 
  6.5      (20) to terminate a trust; or 
  6.6      (21) to divide a trust under section 501B.15; 
  6.7      (22) to merge two or more trusts under section 501B.15; or 
  6.8      (23) to instruct the trustee, beneficiaries, and any other 
  6.9   interested parties in any matter relating to the administration 
  6.10  of the trust and the discharge of the trustee's duties. 
  6.11     Sec. 4.  Minnesota Statutes 1994, section 501B.71, is 
  6.12  amended by adding a subdivision to read: 
  6.13     Subd. 5.  [EXCEPTIONS.] Paragraphs (a) to (c) are 
  6.14  exceptions to the requirements of subdivisions 1 to 4. 
  6.15     (a) With respect to a revocable living trust, during the 
  6.16  lifetime of the grantor, all of the trustee's regular 
  6.17  compensation for services performed must be charged against 
  6.18  income, unless directed otherwise by the grantor. 
  6.19     (b) If charging a part or all of the trustee's regular 
  6.20  compensation to principal, in the judgment of the trustee, is 
  6.21  impracticable, because of the lack of sufficient cash and 
  6.22  readily marketable assets, or inadvisable, because of the nature 
  6.23  of the principal assets, the trustee may determine to pay part 
  6.24  or all of the compensation out of income.  The decision of the 
  6.25  trustee to pay a larger portion or all of the trustee's regular 
  6.26  compensation out of income is conclusive, and the income of the 
  6.27  trust is not entitled to reimbursement from principal at any 
  6.28  subsequent time or times. 
  6.29     (c) If charging a part or all of the trustee's regular 
  6.30  compensation to income, in the judgment of the trustee, is 
  6.31  impracticable, because of the lack of sufficient income, or 
  6.32  inadvisable, because of a desire to provide maximum income to 
  6.33  the beneficiary, the trustee may determine to pay part or all of 
  6.34  such compensation out of principal.  The decision of the trustee 
  6.35  to pay a larger portion or all of the trustee's regular 
  6.36  compensation out of the principal is conclusive. 
  7.1      Sec. 5.  Minnesota Statutes 1994, section 507.02, is 
  7.2   amended to read: 
  7.4      If the owner is married, no conveyance of the homestead, 
  7.5   except a mortgage for purchase money unpaid thereon, a 
  7.6   conveyance between spouses pursuant to section 500.19, 
  7.7   subdivision 4, or a severance of a joint tenancy pursuant to 
  7.8   section 500.19, subdivision 5, shall be valid without the 
  7.9   signatures of both spouses.  A spouse's signature may be made by 
  7.10  the spouse's duly appointed attorney-in-fact. 
  7.11     A husband and wife, by their joint deed, may convey the 
  7.12  real estate of either.  A spouse, by separate deed, may convey 
  7.13  any real estate owned by that spouse, except the homestead, 
  7.14  subject to the rights of the other spouse therein; and either 
  7.15  spouse may, by separate conveyance, relinquish all rights in the 
  7.16  real estate so conveyed by the other spouse.  Subject to the 
  7.17  foregoing provisions, either spouse may separately appoint an 
  7.18  attorney attorney-in-fact to sell or convey any real estate 
  7.19  owned by that spouse, or join in any conveyance made by or for 
  7.20  the other spouse.  Use of a power of attorney is subject to 
  7.21  section 518.58, subdivision 1a.  A minor spouse has legal 
  7.22  capacity to join in a conveyance of real estate owned by the 
  7.23  other spouse, so long as the minor spouse is not incapacitated 
  7.24  because of some reason other than that spouse's minor age. 
  7.25     Sec. 6.  Minnesota Statutes 1994, section 519.06, is 
  7.26  amended to read: 
  7.28     No contract between husband and wife relative to the real 
  7.29  estate of either, or any interest therein, nor any power of 
  7.30  attorney or other authority from the one to the other to convey 
  7.31  real estate, or any interest therein, shall be valid, except as 
  7.32  provided in section 500.19, subdivisions 4 and 5; but, in 
  7.33  relation to all other subjects, either may be constituted the 
  7.34  agent of the other, or contract with the other.  A husband or 
  7.35  wife may appoint the other as an attorney-in-fact with respect 
  7.36  to all property of the principal, or any interest in the 
  8.1   property, whether real, personal, or mixed.  Use of a power of 
  8.2   attorney is subject to section 518.58, subdivision 1a.  In all 
  8.3   cases where the rights of creditors or purchasers in good faith 
  8.4   come in question, each spouse shall be held to have notice of 
  8.5   the contracts and debts of the other as fully as if a party 
  8.6   thereto. 
  8.7      Sec. 7.  Minnesota Statutes 1994, section 519.07, is 
  8.8   amended to read: 
  8.10     When a person shall be deserted by a spouse, for the space 
  8.11  of one year, or when the person would, for any cause, be 
  8.12  entitled to a divorce from the spouse under the laws of this 
  8.13  state, or when the person has a spouse that has been insane for 
  8.14  ten years immediately prior to the time of bringing the action 
  8.15  hereinafter named, and upon the hearing thereof shall be found 
  8.16  to be incurably insane, the person may bring an action in the 
  8.17  district court of the proper county, asking for a decree which 
  8.18  shall debar the spouse from any right or estate by the curtesy 
  8.19  or in dower, or otherwise, as the case may be, in or to the 
  8.20  person's lands, and which will give the person full authority to 
  8.21  alien, sell, and convey, and dispose of the lands, without the 
  8.22  interference of or signature of the spouse; and the court may 
  8.23  grant such decree when it shall appear just or expedient; and 
  8.24  thereupon the person shall have full control of the real estate, 
  8.25  with power to convey the same without the spouse joining in the 
  8.26  conveyance, and as fully as if the person were unmarried; or the 
  8.27  court may, by such decree, make such limitations on the power to 
  8.28  convey such real estate as may seem meet and proper in the 
  8.29  premises.  A person who has an interest in real estate may bring 
  8.30  an action in any county in which all or a part of the real 
  8.31  estate is located, seeking a decree that will bar any inchoate 
  8.32  interest of the person's spouse in the real estate.  The court 
  8.33  may grant such a petition if the court finds by clear and 
  8.34  convincing evidence that the person's spouse is an incapacitated 
  8.35  person as defined in section 525.54, that the person has been 
  8.36  deserted by the spouse for a period of at least one year, or 
  9.1   that other similar circumstances warrant.  The decree may grant 
  9.2   the person full control of all the person's real estate located 
  9.4   in Minnesota, with power to sell, convey, mortgage, lease, or 
  9.5   transfer title to it, subject to any limitations the court 
  9.6   considers proper in the circumstances.  The decree may not be 
  9.7   granted or must be vacated if the petitioner caused or 
  9.8   contributed to the incapacity or disappearance of the 
  9.9   petitioner's spouse.  A certified copy of such decree may be 
  9.10  recorded in the deed records in the office of the county 
  9.11  recorder or filed in the office of registrar of titles in any 
  9.12  county wherever such lands real estate, or any part thereof, may 
  9.13  be situated. 
  9.14     Sec. 8.  Minnesota Statutes 1994, section 519.11, 
  9.15  subdivision 2, is amended to read: 
  9.16     Subd. 2.  [WRITING; EXECUTION.] Antenuptial or postnuptial 
  9.17  contracts or settlements shall be in writing, executed in the 
  9.18  presence of two witnesses and acknowledged by the parties, 
  9.19  executing the same before any officer or person authorized to 
  9.20  administer an oath under the laws of this state.  An antenuptial 
  9.21  contract must be entered into and executed prior to the day of 
  9.22  solemnization of marriage.  A power of attorney may not be used 
  9.23  to accomplish the purposes of this section. 
  9.24     Sec. 9.  Minnesota Statutes 1994, section 523.23, 
  9.25  subdivision 1, is amended to read: 
  9.26     Subdivision 1.  [FORM.] The following form may be used to 
  9.27  create a power of attorney, and, when used, it must be construed 
  9.28  in accordance with sections 523.23 and 523.24:  
  9.30                 MINNESOTA STATUTES, SECTION 523.23
  9.31     IMPORTANT NOTICE:  The powers granted by this document are 
  9.32  broad and sweeping.  They are defined in Minnesota Statutes, 
  9.33  section 523.24.  If you have any questions about these powers, 
  9.34  obtain competent advice.  This power of attorney may be revoked 
  9.35  by you if you wish to do so.  This power of attorney is 
  9.36  automatically terminated if it is to your spouse and proceedings 
  9.37  are commenced for dissolution, legal separation, or annulment of 
 10.1   your marriage.  This power of attorney authorizes, but does not 
 10.2   require, the attorney-in-fact to act for you.  
 10.3      PRINCIPAL (Name and Address of Person Granting the Power) 
 10.4                ..................................... 
 10.5                ..................................... 
 10.6                ..................................... 
 10.8   (Name and Address)               (Optional) To act if any named 
 10.9                                    attorney-in-fact dies, resigns, 
 10.10                                   or is otherwise unable to serve.
 10.11                                         (Name and Address) 
 10.12  .........................        First Successor............... 
 10.13  .........................        .............................. 
 10.14  .........................        .............................. 
 10.15  .........................        Second Successor.............. 
 10.16  .........................        .............................. 
 10.17  .........................        .............................. 
 10.18  NOTICE:  If more than one 
 10.19  attorney-in-fact is designated, 
 10.20  make a check or "x" on the 
 10.21  line in front of one of the 
 10.22  following statements: 
 10.23  ... Each attorney-in-fact      EXPIRATION DATE (Optional) 
 10.24  may independently exercise     ................... ..., .........
 10.25  the powers granted.            Use Specific Month  Day  Year Only
 10.26  ... All attorneys-in-fact 
 10.27  must jointly exercise the 
 10.28  powers granted. 
 10.29  I, (the above-named Principal) hereby appoint the above named 
 10.30  Attorney(s)-in-Fact to act as my attorney(s)-in-fact:  
 10.31     FIRST:  To act for me in any way that I could act with 
 10.32  respect to the following matters, as each of them is defined in 
 10.33  Minnesota Statutes, section 523.24:  
 10.34     (To grant to the attorney-in-fact any of the following 
 10.35  powers, make a check or "x" on the line in front of each power 
 10.36  being granted.  You may, but need not, cross out each power not 
 11.1   granted.  Failure to make a check or "x" on the line in front of 
 11.2   the power will have the effect of deleting the power unless the 
 11.3   line in front of the power of (N) is checked or x-ed.) 
 11.4   Check or "x" 
 11.5   ..... (A) real property transactions; 
 11.6             I choose to limit this power to real property in 
 11.7             ............ County, Minnesota, described as follows: 
 11.8             (Use legal description.  Do not use street address.) 
 11.9             (NOTE:  A person may not grant powers relating to real
 11.10            property transactions in Minnesota to his
 11.11            or her spouse.)
 11.12            ......................................................
 11.13            ......................................................
 11.14            ......................................................
 11.15            ......................................................
 11.16            (If more space is needed, continue on the back or on an
 11.17            attachment.) 
 11.18  ..... (B) tangible personal property transactions; 
 11.19  ..... (C) bond, share, and commodity transactions; 
 11.20  ..... (D) banking transactions; 
 11.21  ..... (E) business operating transactions; 
 11.22  ..... (F) insurance transactions; 
 11.23  ..... (G) beneficiary transactions; 
 11.24  ..... (H) gift transactions; 
 11.25  ..... (I) fiduciary transactions; 
 11.26  ..... (J) claims and litigation; 
 11.27  ..... (K) family maintenance; 
 11.28  ..... (L) benefits from military service; 
 11.29  ..... (M) records, reports, and statements; 
 11.30  ..... (N) all of the powers listed in (A) through (M) above
 11.31            and all other matters. 
 11.32     SECOND:  (You must indicate below whether or not this power 
 11.33  of attorney will be effective if you become incapacitated or 
 11.34  incompetent.  Make a check or "x" on the line in front of the 
 11.35  statement that expresses your intent.)  
 11.36  ... This power of attorney shall continue to be effective
 12.1       if I become incapacitated or incompetent.  
 12.2   ... This power of attorney shall not be effective if I
 12.3       become incapacitated or incompetent.  
 12.4      THIRD:  (You must indicate below whether or not this power 
 12.5   of attorney authorizes the attorney-in-fact to transfer your 
 12.6   property to the attorney-in-fact.  Make a check or "x" on the 
 12.7   line in front of the statement that expresses your intent.)  
 12.8   ... This power of attorney authorizes the attorney-in-fact to 
 12.9       transfer my property to the attorney-in-fact.  
 12.10  ... This power of attorney does not authorize the 
 12.11      attorney-in-fact to transfer my property to the 
 12.12      attorney-in-fact.  
 12.13     FOURTH:  (You may indicate below whether or not the 
 12.14  attorney-in-fact is required to make an accounting.  Make a 
 12.15  check or "x" on the line in front of the statement that 
 12.16  expresses your intent.)  
 12.17  ... My attorney-in-fact need not render an accounting unless I 
 12.18      request it or the accounting is otherwise required by 
 12.19      Minnesota Statutes, section 523.21.  
 12.20  ... My attorney-in-fact must render ............................ 
 12.21                                      (Monthly, Quarterly, Annual) 
 12.22      accountings to me or ....................................... 
 12.23                                     (Name and Address) 
 12.24      during my lifetime, and a final accounting to the personal 
 12.25      representative of my estate, if any is appointed, after my 
 12.26      death.  
 12.28  In Witness Whereof I have hereunto signed my name this .... day 
 12.29  of .........., 19....  
 12.31                                    .............................. 
 12.32                                       (Signature of Principal) 
 12.34       (Acknowledgment of Principal) 
 13.1                       )ss.
 13.2   COUNTY OF           )
 13.3        The foregoing instrument was acknowledged before me this 
 13.4   .... day of .........., 19..., by ..........................  
 13.5                                      (Insert Name of Principal) 
 13.7                                     .............................. 
 13.8                                       (Signature of Notary Public 
 13.9                                           or other Official) 
 13.11        This instrument was             Specimen Signature of 
 13.12           drafted by:                   Attorney(s)-in-Fact 
 13.13                                       (Notarization not required) 
 13.14  .............................     .............................. 
 13.15  .............................     .............................. 
 13.16  .............................     .............................. 
 13.17                                    .............................. 
 13.18     Sec. 10.  Minnesota Statutes 1994, section 523.24, 
 13.19  subdivision 1, is amended to read: 
 13.20     Subdivision 1.  [REAL PROPERTY TRANSACTIONS.] In a 
 13.21  statutory short form power of attorney, the language conferring 
 13.22  general authority with respect to real estate transactions, 
 13.23  means that the principal authorizes the attorney-in-fact:  
 13.24     (1) to accept as a gift, or as security for a loan, to 
 13.25  reject, to demand, to buy, to lease, to receive, or otherwise to 
 13.26  acquire either ownership or possession of any estate or interest 
 13.27  in real property; 
 13.28     (2) to sell, exchange, convey either with or without 
 13.29  covenants, quitclaim, release, surrender, mortgage, encumber, 
 13.30  partition or consent the partitioning, plat or consent platting, 
 13.31  grant options concerning, lease or sublet, or otherwise to 
 13.32  dispose of, any estate or interest in real property; 
 13.33     (3) to release in whole or in part, assign the whole or a 
 13.34  part of, satisfy in whole or in part, and enforce by action, 
 13.35  proceeding or otherwise, any mortgage, encumbrance, lien, or 
 13.36  other claim to real property which exists, or is claimed to 
 14.1   exist, in favor of the principal; 
 14.2      (4) to do any act of management or of conservation with 
 14.3   respect to any estate or interest in real property owned, or 
 14.4   claimed to be owned, by the principal, including by way of 
 14.5   illustration, but not of restriction, power to insure against 
 14.6   any casualty, liability, or loss, to obtain or regain possession 
 14.7   or protect such estate or interest by action, proceeding or 
 14.8   otherwise, to pay, compromise or contest taxes or assessments, 
 14.9   to apply for and receive refunds in connection therewith, to 
 14.10  purchase supplies, hire assistance or labor, and make repairs or 
 14.11  alterations in the structures or lands; 
 14.12     (5) to use in any way, develop, modify, alter, replace, 
 14.13  remove, erect, or install structures or other improvements upon 
 14.14  any real property in which the principal has, or claims to have, 
 14.15  any estate or interest; 
 14.16     (6) to demand, receive, obtain by action, proceeding, or 
 14.17  otherwise, any money, or other thing of value to which the 
 14.18  principal is, or may become, or may claim to be entitled as the 
 14.19  proceeds of an interest in real property or of one or more of 
 14.20  the transactions enumerated in this subdivision, to conserve, 
 14.21  invest, disburse, or utilize anything so received for purposes 
 14.22  enumerated in this subdivision, and to reimburse the 
 14.23  attorney-in-fact for any expenditures properly made by the 
 14.24  attorney-in-fact in the execution of the powers conferred on the 
 14.25  attorney-in-fact by the statutory short form power of attorney; 
 14.26     (7) to participate in any reorganization with respect to 
 14.27  real property and receive and hold any shares of stock or 
 14.28  instrument of similar character received in accordance with a 
 14.29  plan of reorganization, and to act with respect to the shares, 
 14.30  including, by way of illustration but not of restriction, power 
 14.31  to sell or otherwise to dispose of the shares, or any of them, 
 14.32  to exercise or sell any option, conversion or similar right with 
 14.33  respect to the shares, and to vote on the shares in person or by 
 14.34  the granting of a proxy; 
 14.35     (8) to agree and contract, in any manner, and with any 
 14.36  person and on any terms, which the attorney-in-fact may select, 
 15.1   for the accomplishment of any of the purposes enumerated in this 
 15.2   subdivision, and to perform, rescind, reform, release, or modify 
 15.3   such an agreement or contract or any other similar agreement or 
 15.4   contract made by or on behalf of the principal; 
 15.5      (9) to execute, acknowledge, seal, and deliver any deed, 
 15.6   revocation, mortgage, lease, notice, check, or other instrument 
 15.7   which the attorney-in-fact deems useful for the accomplishment 
 15.8   of any of the purposes enumerated in this subdivision; 
 15.9      (10) to prosecute, defend, submit to arbitration, settle, 
 15.10  and propose or accept a compromise with respect to, any claim 
 15.11  existing in favor of, or against, the principal based on or 
 15.12  involving any real estate transaction or to intervene in any 
 15.13  action or proceeding relating to the claim; 
 15.14     (11) to hire, discharge, and compensate any attorney, 
 15.15  accountant, expert witness, or other assistant or assistants 
 15.16  when the attorney-in-fact deems that action to be desirable for 
 15.17  the proper execution of any of the powers described in this 
 15.18  subdivision, and for the keeping of needed records; and 
 15.19     (12) in general, and in addition to all the specific acts 
 15.20  in this subdivision, to do any other act with respect to any 
 15.21  estate or interest in real property.  
 15.22     All powers described in this subdivision are exercisable 
 15.23  equally with respect to any estate or interest in real property 
 15.24  owned by the principal at the giving of the power of attorney or 
 15.25  acquired after that time, and whether located in the state of 
 15.26  Minnesota or elsewhere except when a legal description of 
 15.27  certain real property is included in the statutory short form 
 15.28  power of attorney, in which case the powers described in this 
 15.29  subdivision are exercisable only with respect to the estate or 
 15.30  interest owned by the principal in the property described in the 
 15.31  form.  In the case of real property located in the state of 
 15.32  Minnesota, the powers described in this subdivision are limited 
 15.33  by the provisions of section 519.06. 
 15.34     Sec. 11.  Minnesota Statutes 1994, section 524.1-201, is 
 15.35  amended to read: 
 15.36     524.1-201 [GENERAL DEFINITIONS.] 
 16.1      Subject to additional definitions contained in the 
 16.2   subsequent articles which are applicable to specific articles or 
 16.3   parts, and unless the context otherwise requires, in chapters 
 16.4   524 and 525: 
 16.5      (2) "Application" means a written request to the registrar 
 16.6   for an order of informal probate or appointment under article 
 16.7   III, part 3. 
 16.8      (3) "Beneficiary," as it relates to trust beneficiaries, 
 16.9   includes a person who has any present or future interest, vested 
 16.10  or contingent, and also includes the owner of an interest by 
 16.11  assignment or other transfer and as it relates to a charitable 
 16.12  trust, includes any person entitled to enforce the trust. 
 16.13     (5) "Child" includes any individual entitled to take as a 
 16.14  child under law by intestate succession from the parent whose 
 16.15  relationship is involved and excludes any person who is only a 
 16.16  stepchild, a foster child, a grandchild or any more remote 
 16.17  descendant. 
 16.18     (6) "Claims" includes liabilities of the decedent whether 
 16.19  arising in contract or otherwise and liabilities of the estate 
 16.20  which arise after the death of the decedent including funeral 
 16.21  expenses and expenses of administration.  The term does not 
 16.22  include taxes, demands or disputes regarding title of a decedent 
 16.23  to specific assets alleged to be included in the estate, tort 
 16.24  claims, foreclosure of mechanic's liens, or to actions pursuant 
 16.25  to section 573.02. 
 16.26     (7) "Court" means the court or branch having jurisdiction 
 16.27  in matters relating to the affairs of decedents.  This court in 
 16.28  this state is known as the probate court or county court. 
 16.29     (8) "Conservator" means a person who is appointed by a 
 16.30  court to manage the estate of a protected person.  
 16.31     (9) "Descendant" of an individual means all of the 
 16.32  individual's descendants of all generations, with the 
 16.33  relationship of parent and child at each generation being 
 16.34  determined by the definition of child and parent contained in 
 16.35  this section. 
 16.36     (10) "Devise," when used as a noun, means a testamentary 
 17.1   disposition of real or personal property and when used as a 
 17.2   verb, means to dispose of real or personal property by will. 
 17.3      (11) "Devisee" means any person designated in a will to 
 17.4   receive a devise.  In the case of a devise to an existing trust 
 17.5   or trustee, or to a trustee on trust described by will, the 
 17.6   trust or trustee is the devisee and the beneficiaries are not 
 17.7   devisees. 
 17.8      (12) "Disability" means cause for a protective order as 
 17.9   described by section 525.54. 
 17.10     (13) "Distributee" means any person who has received or who 
 17.11  will receive property of a decedent from the decedent's personal 
 17.12  representative other than as a creditor or purchaser.  A 
 17.13  testamentary trustee is a distributee with respect to property 
 17.14  which the trustee has received from a personal representative 
 17.15  only to the extent of distributed assets or their increment 
 17.16  thereto remaining in the trustee's hands.  A beneficiary of a 
 17.17  testamentary trust to whom the trustee has distributed property 
 17.18  received from a personal representative is a distributee of the 
 17.19  personal representative.  For purposes of this provision, 
 17.20  "testamentary trustee" includes a trustee to whom assets are 
 17.21  transferred by will, to the extent of the devised assets. 
 17.22     (14) "Estate" includes all of the property of the decedent, 
 17.23  trust, or other person whose affairs are subject to this chapter 
 17.24  as originally constituted and as it exists from time to time 
 17.25  during administration. 
 17.26     (16) "Fiduciary" includes personal representative, 
 17.27  guardian, conservator and trustee. 
 17.28     (17) "Foreign personal representative" means a personal 
 17.29  representative of another jurisdiction. 
 17.30     (18) "Formal proceedings" means those conducted before a 
 17.31  judge with notice to interested persons. 
 17.32     (20) "Guardian" means a person who has qualified as a 
 17.33  guardian of a minor or incapacitated person pursuant to 
 17.34  testamentary or court appointment, but excludes one who is 
 17.35  merely a guardian ad litem. 
 17.36     (21) "Heirs" means those persons, including the surviving 
 18.1   spouse, who are entitled under the statutes of intestate 
 18.2   succession to the property of a decedent. 
 18.3      (22) "Incapacitated person" is as described in section 
 18.4   525.54, other than a minor. 
 18.5      (23) "Informal proceedings" means those conducted by the 
 18.6   judge, the registrar, or the person or persons designated by the 
 18.7   judge for probate of a will or appointment of a personal 
 18.8   representative in accordance with sections 524.3-301 to 
 18.9   524.3-311. 
 18.10     (24) "Interested person" includes heirs, devisees, 
 18.11  children, spouses, creditors, beneficiaries and any others 
 18.12  having a property right in or claim against the estate of a 
 18.13  decedent, ward or protected person which may be affected by the 
 18.14  proceeding.  It also includes persons having priority for 
 18.15  appointment as personal representative, and other fiduciaries 
 18.16  representing interested persons.  The meaning as it relates to 
 18.17  particular persons may vary from time to time and must be 
 18.18  determined according to the particular purposes of, and matter 
 18.19  involved in, any proceeding. 
 18.20     (27) "Lease" includes an oil, gas, or other mineral lease. 
 18.21     (28) "Letters" includes letters testamentary, letters of 
 18.22  guardianship, letters of administration, and letters of 
 18.23  conservatorship. 
 18.24     (30) "Mortgage" means any conveyance, agreement or 
 18.25  arrangement in which property is used as security. 
 18.26     (31) "Nonresident decedent" means a decedent who was 
 18.27  domiciled in another jurisdiction at the time of death. 
 18.28     (32) "Organization" includes a corporation, government or 
 18.29  governmental subdivision or agency, business trust, estate, 
 18.30  trust, partnership or association, two or more persons having a 
 18.31  joint or common interest, or any other legal entity. 
 18.32     (35) "Person" means an individual, a corporation, an 
 18.33  organization, or other legal entity. 
 18.34     (36) "Personal representative" includes executor, 
 18.35  administrator, successor personal representative, special 
 18.36  administrator, and persons who perform substantially the same 
 19.1   function under the law governing their status.  "General 
 19.2   personal representative" excludes special administrator. 
 19.3      (37) "Petition" means a written request to the court for an 
 19.4   order after notice. 
 19.5      (38) "Proceeding" includes action at law and suit in equity.
 19.6      (39) "Property" includes both real and personal property or 
 19.7   any interest therein and means anything that may be the subject 
 19.8   of ownership. 
 19.9      (40) "Protected person" is as described in section 525.54, 
 19.10  subdivision 1. 
 19.11     (42) "Registrar" refers to the judge of the court or the 
 19.12  person designated by the court to perform the functions of 
 19.13  registrar as provided in section 524.1-307. 
 19.14     (43) "Security" includes any note, stock, treasury stock, 
 19.15  bond, debenture, evidence of indebtedness, certificate of 
 19.16  interest or participation in an oil, gas or mining title or 
 19.17  lease or in payments out of production under such a title or 
 19.18  lease, collateral trust certificate, transferable share, voting 
 19.19  trust certificate or, in general, any interest or instrument 
 19.20  commonly known as a security, or any certificate of interest or 
 19.21  participation, any temporary or interim certificate, receipt or 
 19.22  certificate of deposit for, or any warrant or right to subscribe 
 19.23  to or purchase, any of the foregoing. 
 19.24     (44) "Settlement," in reference to a decedent's estate, 
 19.25  includes the full process of administration, distribution and 
 19.26  closing. 
 19.27     (45) "Special administrator" means a personal 
 19.28  representative as described by sections 524.3-614 to 524.3-618. 
 19.29     (46) "State" includes any state of the United States, the 
 19.30  District of Columbia, the Commonwealth of Puerto Rico, and any 
 19.31  territory or possession subject to the legislative authority of 
 19.32  the United States. 
 19.33     (47) "Successor personal representative" means a personal 
 19.34  representative, other than a special administrator, who is 
 19.35  appointed to succeed a previously appointed personal 
 19.36  representative. 
 20.1      (48) "Successors" means those persons, other than 
 20.2   creditors, who are entitled to property of a decedent under the 
 20.3   decedent's will, this chapter or chapter 525.  "Successors" also 
 20.4   means a funeral director or county government that provides the 
 20.5   funeral and burial of the decedent. 
 20.6      (49) "Supervised administration" refers to the proceedings 
 20.7   described in sections 524.3-501 to 524.3-505. 
 20.8      (51) "Testacy proceeding" means a proceeding to establish a 
 20.9   will or determine intestacy. 
 20.10     (53) "Trust" includes any express trust, private or 
 20.11  charitable, with additions thereto, wherever and however 
 20.12  created.  It also includes a trust created or determined by 
 20.13  judgment or decree under which the trust is to be administered 
 20.14  in the manner of an express trust.  "Trust" excludes other 
 20.15  constructive trusts, and it excludes resulting trusts, 
 20.16  conservatorships, personal representatives, trust accounts as 
 20.17  defined in chapter 528, custodial arrangements pursuant to 
 20.18  sections 149.11 to 149.14, 318.01 to 318.06, 527.01 to 527.44, 
 20.19  business trusts providing for certificates to be issued to 
 20.20  beneficiaries, common trust funds, voting trusts, security 
 20.21  arrangements, liquidation trusts, and trusts for the primary 
 20.22  purpose of paying debts, dividends, interest, salaries, wages, 
 20.23  profits, pensions, or employee benefits of any kind, and any 
 20.24  arrangement under which a person is nominee or escrowee for 
 20.25  another. 
 20.26     (54) "Trustee" includes an original, additional, or 
 20.27  successor trustee, whether or not appointed or confirmed by 
 20.28  court. 
 20.29     (55) "Ward" is as described in section 525.54, subdivision 
 20.30  1. 
 20.31     (56) "Will" includes codicil and any testamentary 
 20.32  instrument which merely appoints an executor or revokes or 
 20.33  revises another will. 
 20.34     Sec. 12.  Minnesota Statutes 1994, section 524.2-508, is 
 20.35  amended to read: 
 21.1      Except as provided in sections 524.2-802 and 524.2-803 and 
 21.2   524.2-804, a change of circumstances does not revoke a will or 
 21.3   any part of it. 
 21.4      Sec. 13.  [524.2-804] [REVOCATION BY DISSOLUTION OF 
 21.6      If after executing a will the testator's marriage is 
 21.7   dissolved or annulled, the dissolution or annulment revokes any 
 21.8   disposition or appointment of property made by the will to the 
 21.9   former spouse, any provision conferring a general or special 
 21.10  power of appointment on the former spouse, and any nomination of 
 21.11  the former spouse as executor, trustee, conservator, or 
 21.12  guardian, unless the will expressly provides otherwise.  
 21.13  Property prevented from passing to a former spouse because of 
 21.14  revocation by dissolution of marriage or annulment passes as if 
 21.15  the former spouse failed to survive the decedent, and other 
 21.16  provisions conferring some power or office on the former spouse 
 21.17  are interpreted as if the spouse failed to survive the 
 21.18  decedent.  If provisions are revoked solely by this section, 
 21.19  they are revived by testator's remarriage to the former spouse.  
 21.20  For purposes of chapters 524 and 525, dissolution of marriage 
 21.21  includes divorce.  A decree of separation which does not 
 21.22  terminate the status of husband and wife is not a dissolution of 
 21.23  marriage for purposes of this section.  No change of 
 21.24  circumstances other than as described in this section revokes a 
 21.25  will. 
 21.26     Sec. 14.  Minnesota Statutes 1994, section 524.3-914, is 
 21.27  amended to read: 
 21.28     524.3-914 [UNCLAIMED ASSETS.] 
 21.29     If any asset of the estate has not been distributed because 
 21.30  the person entitled thereto cannot be found or refuses to accept 
 21.31  the same, or for any other good and sufficient reason the same 
 21.32  has not been paid over, the court may direct the personal 
 21.33  representative to deposit the same with the county treasurer, 
 21.34  taking duplicate receipts therefor, one of which the personal 
 21.35  representative shall file with the county auditor and the other 
 21.36  in the court.  If the money on hand exceeds the sum of 
 22.1   $2,000 $5,000, the court may direct the personal representative 
 22.2   to purchase with the money bearer bonds of the United States 
 22.3   government or of the state of Minnesota, or any of its political 
 22.4   subdivisions, which bonds shall be deposited with the county 
 22.5   treasurer, taking duplicate receipts therefor, one of which the 
 22.6   personal representative shall file with the county auditor and 
 22.7   the other in the court county treasurer to invest the funds, and 
 22.8   the county treasurer shall collect the interest on these bonds 
 22.9   investments as it becomes due, and the money so collected or 
 22.10  deposited shall be credited to the county revenue fund.  Upon 
 22.11  application to the court within 21 years after such deposit, and 
 22.12  upon notice to the county attorney and county treasurer, the 
 22.13  court may direct the county auditor to issue to the person 
 22.14  entitled thereto a the county auditor's warrant for the amount 
 22.15  of the money so on deposit including the interest collected on 
 22.16  bonds and, in the case of bonds, the county auditor shall issue 
 22.17  to the person entitled thereto an order upon the county 
 22.18  treasurer to deliver the bonds.  No interest shall be allowed or 
 22.19  paid thereon, except as herein provided, and if not claimed 
 22.20  within such time no recovery thereof shall be had.  The county 
 22.21  treasurer, with the approval of the court, may make necessary 
 22.22  sales, exchanges, substitutions, and transfers of bonds 
 22.23  deposited, as aforesaid, investments and may present the same 
 22.24  for redemption and invest the proceeds in other bonds of like 
 22.25  character.  
 22.26     Sec. 15.  Minnesota Statutes 1994, section 524.3-916, is 
 22.27  amended to read: 
 22.30     (a) For purposes of this section:  
 22.31     (1) "estate" means the gross estate of a decedent as 
 22.32  determined for the purpose of federal estate tax and or the 
 22.33  estate tax payable to this state; 
 22.34     (2) "decedent's generation-skipping transfers" means all 
 22.35  generation-skipping transfers as determined for purposes of the 
 22.36  federal generation-skipping tax which occur by reason of the 
 23.1   decedent's death which relate to property which is included in 
 23.2   the decedent's estate; 
 23.3      (3) "person" means any individual, partnership, 
 23.4   association, joint stock company, corporation, limited liability 
 23.5   company, government, political subdivision, governmental agency, 
 23.6   or local governmental agency; 
 23.7      (3) (4) "person interested in the estate" means any person 
 23.8   entitled to receive, or who has received, from a decedent or by 
 23.9   reason of the death of a decedent any property or interest 
 23.10  therein included in the decedent's estate.  It includes a 
 23.11  personal representative, guardian, conservator, and trustee, and 
 23.12  custodian; 
 23.13     (4) (5) "state" means any state, territory, or possession 
 23.14  of the United States, the District of Columbia, and the 
 23.15  Commonwealth of Puerto Rico; 
 23.16     (5) (6) "estate tax" means the federal estate tax and the 
 23.17  state estate tax determined by the commissioner of revenue 
 23.18  pursuant to chapter 291 and interest and penalties imposed in 
 23.19  addition to the tax; 
 23.20     (7) "decedent's generation-skipping tax" means the federal 
 23.21  generation-skipping tax imposed on the decedent's 
 23.22  generation-skipping transfers and interest and penalties imposed 
 23.23  in addition to the tax; 
 23.24     (6) (8) "fiduciary" means personal representative or 
 23.25  trustee.  
 23.26     (b) Unless the will or other written governing instrument 
 23.27  otherwise provides,: 
 23.28     (1) the estate tax shall be apportioned among all persons 
 23.29  interested in the estate.  The apportionment is to be made in 
 23.30  the proportion that the value of the interest of each person 
 23.31  interested in the estate bears to the total value of the 
 23.32  interests of all persons interested in the estate.  The values 
 23.33  used in determining the tax are to be used for that purpose.; 
 23.34  and 
 23.35     (2) the decedent's generation-skipping tax shall be 
 23.36  apportioned as provided by federal law.  To the extent not 
 24.1   provided by federal law, the decedent's generation-skipping tax 
 24.2   shall be apportioned among all persons receiving the decedent's 
 24.3   generation-skipping transfers whose tax apportionment is not 
 24.4   provided by federal law in the proportion that the value of the 
 24.5   transfer to each person bears to the total value of all such 
 24.6   transfers. 
 24.7      If the decedent's will or other written instrument directs 
 24.8   a method of apportionment of estate tax or of the decedent's 
 24.9   generation-skipping tax different from the method described in 
 24.10  this code, the method described in the will or other written 
 24.11  instrument controls.  
 24.12     (c)(1) The court in which venue lies for the administration 
 24.13  of the estate of a decedent, on petition for the purpose may 
 24.14  determine the apportionment of the estate tax or of the 
 24.15  decedent's generation-skipping tax.  
 24.16     (2) If the court finds that it is inequitable to apportion 
 24.17  interest and penalties in the manner provided in subsection (b), 
 24.18  because of special circumstances, it may direct apportionment 
 24.19  thereof in the manner it finds equitable.  
 24.20     (3) If the court finds that the assessment of penalties and 
 24.21  interest assessed in relation to the estate tax or the 
 24.22  decedent's generation-skipping tax is due to delay caused by the 
 24.23  negligence of the fiduciary, the court may charge the fiduciary 
 24.24  with the amount of the assessed penalties and interest.  
 24.25     (4) In any action to recover from any person interested in 
 24.26  the estate the amount of the estate tax or of the decedent's 
 24.27  generation-skipping tax apportioned to the person in accordance 
 24.28  with this code the determination of the court in respect thereto 
 24.29  shall be prima facie correct.  
 24.30     (d)(1) The personal representative or other person in 
 24.31  possession of the property of the decedent required to pay the 
 24.32  estate tax or the decedent's generation-skipping tax may 
 24.33  withhold from any property distributable to any person 
 24.34  interested in the estate, upon its distribution, the amount of 
 24.35  tax any taxes attributable to the person's interest.  If the 
 24.36  property in possession of the personal representative or other 
 25.1   person required to pay the tax any taxes and distributable to 
 25.2   any person interested in the estate is insufficient to satisfy 
 25.3   the proportionate amount of the tax taxes determined to be due 
 25.4   from the person, the personal representative or other person 
 25.5   required to pay the tax any taxes may recover the deficiency 
 25.6   from the person interested in the estate.  If the property is 
 25.7   not in the possession of the personal representative or the 
 25.8   other person required to pay the tax any taxes, the personal 
 25.9   representative or the other person required to pay the tax any 
 25.10  taxes may recover from any person interested in the estate the 
 25.11  amount of the tax any taxes apportioned to the person in 
 25.12  accordance with Laws 1975, Chapter 347 this section.  
 25.13     (2) If property held by the personal representative or 
 25.14  other person in possession of the property of the decedent 
 25.15  required to pay the estate tax or the decedent's 
 25.16  generation-skipping tax is distributed prior to final 
 25.17  apportionment of the estate tax or the decedent's 
 25.18  generation-skipping tax, the distributee shall provide a bond or 
 25.19  other security for the apportionment liability in the form and 
 25.20  amount prescribed by the personal representative or other 
 25.21  person, as the case may be.  
 25.22     (e)(1) In making an apportionment, allowances shall be made 
 25.23  for any exemptions granted, any classification made of persons 
 25.24  interested in the estate and for any deductions and credits 
 25.25  allowed by the law imposing the tax.  
 25.26     (2) Any exemption or deduction allowed by reason of the 
 25.27  relationship of any person to the decedent or, by reason of the 
 25.28  purposes of the gift, or by allocation to the gift (either by 
 25.29  election by the fiduciary or by operation of federal law), 
 25.30  inures to the benefit of the person bearing such relationship or 
 25.31  receiving the gift; but if an interest is subject to a prior 
 25.32  present interest which is not allowable as a deduction, the tax 
 25.33  apportionable against the present interest shall be paid from 
 25.34  principal.  
 25.35     (3) Any deduction for property previously taxed and any 
 25.36  credit for gift taxes or death taxes of a foreign country paid 
 26.1   by the decedent or the decedent's estate inures to the 
 26.2   proportionate benefit of all persons liable to apportionment.  
 26.3      (4) Any credit for inheritance, succession or estate taxes 
 26.4   or taxes in the nature thereof applicable to property or 
 26.5   interests includable in the estate, inures to the benefit of the 
 26.6   persons or interests chargeable with the payment thereof to the 
 26.7   extent proportionately that the credit reduces the tax.  
 26.8      (5) To the extent that property passing to or in trust for 
 26.9   a surviving spouse or any charitable, public or similar gift or 
 26.10  devisee devise is not an allowable deduction for purposes of the 
 26.11  estate tax solely by reason of an estate tax imposed upon and 
 26.12  deductible from the property, the property is not included in 
 26.13  the computation provided for in subsection (b)(1) hereof, and to 
 26.14  that extent no apportionment is made against the property.  The 
 26.15  sentence immediately preceding does not apply to any case if the 
 26.16  result would be to deprive the estate of a deduction otherwise 
 26.17  allowable under section 2053(d) of the Internal Revenue Code of 
 26.18  1954 1986, as amended, of the United States, relating to 
 26.19  deduction for state death taxes on transfers for public, 
 26.20  charitable, or religious uses.  
 26.21     (f) No interest in income and no estate for years or for 
 26.22  life or other temporary interest in any property or fund is 
 26.23  subject to apportionment as between the temporary interest and 
 26.24  the remainder.  The estate tax on the temporary interest and the 
 26.25  estate tax, if any, on the remainder is chargeable against the 
 26.26  corpus of the property or funds subject to the temporary 
 26.27  interest and remainder.  The decedent's generation-skipping tax 
 26.28  is chargeable against the property which constitutes the 
 26.29  decedent's generation-skipping transfer. 
 26.30     (g) Neither the personal representative nor other person 
 26.31  required to pay the tax is under any duty to institute any 
 26.32  action to recover from any person interested in the estate the 
 26.33  amount of the estate tax or of the decedent's 
 26.34  generation-skipping tax apportioned to the person until the 
 26.35  expiration of the three months next following final 
 26.36  determination of the tax.  A personal representative or other 
 27.1   person required to pay the estate tax or decedent's 
 27.2   generation-skipping tax who institutes the action within a 
 27.3   reasonable time after the three month period final determination 
 27.4   of the tax is not subject to any liability or surcharge because 
 27.5   any portion of the tax apportioned to any person interested in 
 27.6   the estate was collectible at a time following the death of the 
 27.7   decedent but thereafter became uncollectible.  If the personal 
 27.8   representative or other person required to pay the estate tax or 
 27.9   decedent's generation-skipping tax cannot collect from any 
 27.10  person interested in the estate the amount of the tax 
 27.11  apportioned to the person, the amount not recoverable shall be 
 27.12  equitably apportioned among the other persons interested in the 
 27.13  estate who are subject to apportionment of the tax involved.  
 27.14     (h) A personal representative acting in another state or a 
 27.15  person required to pay the estate tax or decedent's 
 27.16  generation-skipping tax domiciled in another state may institute 
 27.17  an action in the courts of this state and may recover a 
 27.18  proportionate amount of the federal estate tax, of an estate tax 
 27.19  payable to another state or of a death duty due by a decedent's 
 27.20  estate to another state, or of the decedent's 
 27.21  generation-skipping tax, from a person interested in the estate 
 27.22  who is either domiciled in this state or who owns property in 
 27.23  this state subject to attachment or execution.  For the purposes 
 27.24  of the action the determination of apportionment by the court 
 27.25  having jurisdiction of the administration of the decedent's 
 27.26  estate in the other state is prima facie correct.  
 27.27     Sec. 16.  Minnesota Statutes 1994, section 524.3-1001, is 
 27.28  amended to read: 
 27.31  PROTECTION.] 
 27.32     (a)(1) A personal representative or any interested person 
 27.33  may petition for an order of complete settlement of the estate.  
 27.34  The personal representative may petition at any time, and any 
 27.35  other interested person may petition after one year from the 
 27.36  appointment of the original personal representative except that 
 28.1   no petition under this section may be entertained until the time 
 28.2   for presenting claims which arose prior to the death of the 
 28.3   decedent has expired.  The petition may request the court to 
 28.4   determine testacy, if not previously determined, to consider the 
 28.5   final account or compel or approve an accounting and 
 28.6   distribution, to construe any will or determine heirs and 
 28.7   adjudicate the final settlement and distribution of the estate.  
 28.8   After notice to all interested persons and hearing the court may 
 28.9   enter an order or orders, on appropriate conditions, determining 
 28.10  the persons entitled to distribution of the estate, and, as 
 28.11  circumstances require, approving settlement and directing or 
 28.12  approving distribution of the estate and discharging the 
 28.13  personal representative from further claim or demand of any 
 28.14  interested person. 
 28.15     (2) In such petition for complete settlement of the estate, 
 28.16  the petitioner may apply for a decree.  Upon the hearing, if in 
 28.17  the best interests of interested persons, the court may issue 
 28.18  its decree which shall determine the persons entitled to the 
 28.19  estate and assign the same to them in lieu of ordering the 
 28.20  assignment by the personal representative.  The decree shall 
 28.21  name the heirs and distributees, state their relationship to the 
 28.22  decedent, describe the property, and state the proportions or 
 28.23  part thereof to which each is entitled.  In the estate of a 
 28.24  testate decedent, no heirs shall be named in the decree unless 
 28.25  all heirs be ascertained. 
 28.26     (3) In solvent estates, the hearing may be waived by 
 28.27  written consent to the proposed account and decree of 
 28.28  distribution or order of distribution by all heirs or 
 28.29  distributees, and the court may then enter its order allowing 
 28.30  the account and issue its decree or order of distribution. 
 28.31     (4) Where a decree or order for distribution is issued, the 
 28.32  personal representative shall not be discharged until all 
 28.33  property is paid or transferred to the persons entitled thereto 
 28.34  to the property, and the personal representative has otherwise 
 28.35  fully discharged the trust duties of a personal representative.  
 28.36  If an order assessing estate tax or request for documents is 
 29.1   filed with the court by the commissioner of revenue, no 
 29.2   discharge shall be issued until the assessment is paid or the 
 29.3   request is complied with.  If no order assessing estate tax or 
 29.4   request for documents is filed, the court shall have the power 
 29.5   to settle and distribute the estate and discharge the personal 
 29.6   representative without regard to tax obligations. 
 29.7      (b) If one or more heirs or devisees were omitted as 
 29.8   parties in, or were not given notice of, a previous formal 
 29.9   testacy proceeding, the court, on proper petition for an order 
 29.10  of complete settlement of the estate under this section, and 
 29.11  after notice to the omitted or unnotified persons and other 
 29.12  interested parties determined to be interested on the assumption 
 29.13  that the previous order concerning testacy is conclusive as to 
 29.14  those given notice of the earlier proceeding, may determine 
 29.15  testacy as it affects the omitted persons and confirm or alter 
 29.16  the previous order of testacy as it affects all interested 
 29.17  persons as appropriate in the light of the new proofs.  In the 
 29.18  absence of objection by an omitted or unnotified person, 
 29.19  evidence received in the original testacy proceeding shall 
 29.20  constitute prima facie proof of due execution of any will 
 29.21  previously admitted to probate, or of the fact that the decedent 
 29.22  left no valid will if the prior proceedings determined this fact.
 29.23     Sec. 17.  Minnesota Statutes 1994, section 524.3-1008, is 
 29.24  amended to read: 
 29.25     524.3-1008 [SUBSEQUENT ADMINISTRATION.] 
 29.26     If property of the estate is omitted or discovered after an 
 29.27  estate has been settled and the personal representative 
 29.28  discharged or after one year after a closing statement has been 
 29.29  filed, the court upon petition or the registrar upon application 
 29.30  of any interested person and upon notice as it directs may 
 29.31  appoint the same or a successor personal representative to 
 29.32  administer the subsequently discovered estate.  If a new 
 29.33  appointment is made, unless the court or registrar orders 
 29.34  otherwise, the provisions of this chapter apply as appropriate; 
 29.35  but no claim previously barred may be asserted in the subsequent 
 29.36  administration.  
 30.1      Sec. 18.  Minnesota Statutes 1994, section 524.3-1201, is 
 30.2   amended to read: 
 30.4      (a) Thirty days after the death of a decedent, (i) any 
 30.5   person indebted to the decedent or, (ii) any person having 
 30.6   possession of tangible personal property or an instrument 
 30.7   evidencing a debt, obligation, stock or chose in action 
 30.8   belonging to the decedent, or (iii) any safe deposit company, as 
 30.9   defined in section 55.01, controlling the right of access to 
 30.10  decedent's safe deposit box shall make payment of the 
 30.11  indebtedness or deliver the tangible personal property or an 
 30.12  instrument evidencing a debt, obligation, stock or chose in 
 30.13  action or deliver the entire contents of the safe deposit box to 
 30.14  a person claiming to be the successor of the decedent, or a 
 30.15  county agency with a claim authorized by section 256B.15, upon 
 30.16  being presented a certified death certificate of the decedent 
 30.17  and an affidavit, in duplicate, made by or on behalf of the 
 30.18  successor stating that: 
 30.19     (1) the value of the entire probate estate, wherever 
 30.20  located, including specifically any contents of a safe deposit 
 30.21  box, less liens and encumbrances, does not 
 30.22  exceed $10,000 $20,000; 
 30.23     (2) 30 days have elapsed since the death of the 
 30.24  decedent or, in the event the property to be delivered is the 
 30.25  contents of a safe deposit box, 30 days have elapsed since the 
 30.26  filing of an inventory of the contents of the box pursuant to 
 30.27  section 55.10, paragraph (h); 
 30.28     (3) no application or petition for the appointment of a 
 30.29  personal representative is pending or has been granted in any 
 30.30  jurisdiction; and 
 30.31     (4) the claiming successor is entitled to payment or 
 30.32  delivery of the property. 
 30.33     (b) A transfer agent of any security shall change the 
 30.34  registered ownership on the books of a corporation from the 
 30.35  decedent to the successor or successors upon the presentation of 
 30.36  an affidavit as provided in subsection (a). 
 31.1      (c) The claiming successor or county agency shall disburse 
 31.2   the proceeds collected under this section to any person with a 
 31.3   superior claim under section 524.2-403 or 524.3-805 or 525.15. 
 31.4      (d) A motor vehicle registrar shall issue a new certificate 
 31.5   of title in the name of the successor upon the presentation of 
 31.6   an affidavit as provided in subsection (a). 
 31.7      (e) The person controlling access to decedent's safe 
 31.8   deposit box need not open the box or deliver the contents of the 
 31.9   box if: 
 31.10     (1) the person has received notice of a written or oral 
 31.11  objection from any person or has reason to believe that there 
 31.12  would be an objection; or 
 31.13     (2) the lessee's key or combination is not available. 
 31.14     Sec. 19.  Minnesota Statutes 1994, section 524.3-1202, is 
 31.15  amended to read: 
 31.16     524.3-1202 [EFFECT OF AFFIDAVIT.] 
 31.17     The person paying, delivering, transferring, or issuing 
 31.18  personal property or the evidence thereof pursuant to an 
 31.19  affidavit meeting the requirements of section 524.3-1201 is 
 31.20  discharged and released to the same extent as if the person 
 31.21  dealt with a personal representative of the decedent.  The 
 31.22  person is not required to see to the application of the personal 
 31.23  property or evidence thereof or to inquire into the truth of any 
 31.24  statement in the affidavit.  In particular, the person 
 31.25  delivering the contents of a safe deposit box is not required to 
 31.26  inquire into the value of the contents of the box and is 
 31.27  authorized to rely solely upon the representation in the 
 31.28  affidavit concerning the value of the entire probate estate.  If 
 31.29  any person to whom an affidavit is delivered refuses to pay, 
 31.30  deliver, transfer, or issue any personal property or evidence 
 31.31  thereof, it may be recovered or its payment, delivery, transfer, 
 31.32  or issuance compelled upon proof of their right in a proceeding 
 31.33  brought for the purpose by or on behalf of the persons entitled 
 31.34  thereto.  Any person to whom payment, delivery, transfer or 
 31.35  issuance is made is answerable and accountable therefor to any 
 31.36  personal representative of the estate or to any other person 
 32.1   having a superior right. 
 32.2      Sec. 20.  Minnesota Statutes 1994, section 524.3-1203, is 
 32.3   amended to read: 
 32.5   PROCEEDINGS.] 
 32.6      If it appears from the inventory and appraisal that the 
 32.7   entire estate, less liens and encumbrances, does not exceed an 
 32.8   exempt homestead as provided for in section 525.145, the 
 32.9   allowances provided for in section 525.15, costs and expenses of 
 32.10  administration, reasonable funeral expenses, and reasonable and 
 32.11  necessary medical and hospital expenses of the last illness of 
 32.12  the decedent, the personal representative, without giving 
 32.13  further notice to creditors, may immediately disburse and 
 32.14  distribute the estate to the persons entitled thereto and file a 
 32.15  closing statement as provided in section 524.3-1204.  
 32.16     Subdivision 1.  [PETITION AND PAYMENT.] Upon petition of an 
 32.17  interested person, the court, with or without notice, may 
 32.18  determine that the decedent had no estate, or that the property 
 32.19  has been destroyed, abandoned, lost, or rendered valueless, and 
 32.20  that no recovery has been had nor can be had for it, or if there 
 32.21  is no property except property recovered for death by wrongful 
 32.22  act, property that is exempt from all debts and charges in the 
 32.23  probate court, or property that may be appropriated for the 
 32.24  payment of the property selection as provided in section 
 32.25  524.2-403, the allowances to the spouse and children mentioned 
 32.26  in section 524.2-404, and the expenses and claims provided in 
 32.27  section 524.3-805, paragraph (a), clauses (1) to (6), inclusive, 
 32.28  the personal representative by order of the court may pay the 
 32.29  estate in the order named.  The court may then, with or without 
 32.30  notice, summarily determine the heirs, legatees, and devisees in 
 32.31  its final decree or order of distribution assigning to them 
 32.32  their share or part of the property with which the personal 
 32.33  representative is charged.  
 32.34     Subd. 2.  [FINAL DECREE OR ORDER.] If upon hearing of a 
 32.35  petition for summary assignment or distribution, for special 
 32.36  administration, or for any administration, or for the probate of 
 33.1   a will, the court determines that there is no need for the 
 33.2   appointment of a representative and that the administration 
 33.3   should be closed summarily for the reason that all of the 
 33.4   property in the estate is exempt from all debts and charges in 
 33.5   the probate court, a final decree or order of distribution may 
 33.6   be entered, with or without notice, assigning that property to 
 33.7   the persons entitled to it under the terms of the will, or if 
 33.8   there is no will, under the law of intestate succession in force 
 33.9   at the time of the decedent's death.  
 33.10     Subd. 3.  [SUMMARY DISTRIBUTION.] Summary distribution may 
 33.11  be made under this section in any proceeding of any real, 
 33.12  personal, or other property in kind in reimbursement or payment 
 33.13  of the property selection as provided in section 524.2-403, the 
 33.14  allowances to the spouse and children mentioned in section 
 33.15  524.2-404, and the expenses and claims provided in section 
 33.16  524.3-805, paragraph (a), clauses (1) to (6), inclusive, in the 
 33.17  order named, if the court is satisfied as to the propriety of 
 33.18  the distribution and as to the valuation, based upon appraisal 
 33.19  in the case of real estate other than homestead, of the property 
 33.20  being assigned to exhaust the assets of the estate.  
 33.21     Subd. 4.  [PERSONAL REPRESENTATIVE.] Summary proceedings 
 33.22  may be had with or without the appointment of a personal 
 33.23  representative.  In all summary proceedings in which no personal 
 33.24  representative is appointed, the court may require the 
 33.25  petitioner to file a corporate surety bond in an amount fixed 
 33.26  and approved by the court.  The condition of the bond must be 
 33.27  that the petitioner has made a full, true, and correct 
 33.28  disclosure of all the facts related in the petition and will 
 33.29  perform the terms of the decree or order of distribution issued 
 33.30  pursuant to the petition.  Any interested person suffering 
 33.31  damages as a result of misrepresentation or negligence of the 
 33.32  petitioner in stating facts in the petition pursuant to which an 
 33.33  improper decree or order of distribution is issued, or the terms 
 33.34  of the decree or order of distribution are not performed by the 
 33.35  petitioner as required, has a cause of action against the 
 33.36  petitioner and the surety to recover those damages in the court 
 34.1   in which the proceeding took place.  That court has jurisdiction 
 34.2   of the cause of action. 
 34.3      Subd. 5.  [EXHAUSTION OF ESTATE.] In any summary, special, 
 34.4   or other administration in which it appears that the estate will 
 34.5   not be exhausted in payment of the priority items enumerated in 
 34.6   subdivisions 1 to 4, the estate may nevertheless be summarily 
 34.7   closed without further notice, and the property assigned to the 
 34.8   proper persons, if the gross probate estate, exclusive of any 
 34.9   exempt homestead as defined in section 524.2-402, does not 
 34.10  exceed the value of $30,000.  If the closing and distribution of 
 34.11  assets is made pursuant to the terms of a will, no decree shall 
 34.12  issue until a hearing has been held for formal probate of the 
 34.13  will as provided in sections 524.3-401 to 524.3-413.  
 34.14     No summary closing of an estate shall be made to any 
 34.15  distributee under this subdivision, unless a showing is made by 
 34.16  the personal representative or the petitioner, that all property 
 34.17  selected by and allowances to the spouse and children as 
 34.18  provided in section 524.2-403 and the expenses and claims 
 34.19  provided in section 524.3-805 have been paid, and provided, 
 34.20  further, that a bond shall be filed by the personal 
 34.21  representative or the petitioner, conditioned upon the fact that 
 34.22  all such obligations have been paid and that all the facts shown 
 34.23  on the petition are true, with sufficient surety approved by the 
 34.24  court in an amount as may be fixed by the court to cover 
 34.25  potential improper distributions.  If a personal representative 
 34.26  is appointed, the representative's bond shall be sufficient for 
 34.27  such purpose unless an additional bond is ordered, and the 
 34.28  sureties on the bond shall have the same obligations and 
 34.29  liabilities as provided for sureties on a distribution bond.  
 34.30     In the event that an improper distribution or disbursement 
 34.31  is made in a summary closing, in that not all of said 
 34.32  obligations have been paid or that other facts as shown by the 
 34.33  personal representative or the petitioner, are not true, 
 34.34  resulting in damage to any party, the court may vacate its 
 34.35  summary decree or closing order, and the petitioner or the 
 34.36  personal representative, together with the surety, shall be 
 35.1   liable for damages to any party determined to be injured thereby 
 35.2   as herein provided.  The personal representative, petitioner, or 
 35.3   the surety, may seek reimbursement for damages so paid or 
 35.4   incurred from any distributee or recipient of assets under 
 35.5   summary decree or order, who shall be required to make a 
 35.6   contribution to cover such damages upon a pro rata basis or as 
 35.7   may be equitable to the extent of assets so received.  The court 
 35.8   is hereby granted complete and plenary jurisdiction of any and 
 35.9   all such proceedings and may enter such orders and judgments as 
 35.10  may be required to effectuate the purposes of this subdivision.  
 35.11     Any judgment rendered for damages or the recovery of assets 
 35.12  in such proceedings shall be upon petition and only after 
 35.13  hearing held thereon on 14 days' notice of hearing and a copy of 
 35.14  petition served personally upon the personal representative and 
 35.15  the surety and upon any distributee or recipient of assets where 
 35.16  applicable.  Any action for the recovery of money or damages 
 35.17  under this subdivision is subject to the time and other 
 35.18  limitations imposed by section 525.02.  
 35.19     Sec. 21.  [REPEALER.] 
 35.20     Minnesota Statutes 1994, sections 525.145 and 525.51, are 
 35.21  repealed. 
 35.22     Sec. 22.  [EFFECTIVE DATE; APPLICATION.] 
 35.23     (a) This act is effective January 1, 1996. 
 35.24     (b) Sections 1, 14, 17, 18, 19, and 20 apply to all 
 35.25  decedents' estates, whenever the decedent died. 
 35.26     (c) Section 4 applies to all trusts, whenever executed or 
 35.27  created. 
 35.28     (d) Sections 6 and 10 apply to powers of attorney executed 
 35.29  on or after the effective date. 
 35.30     (e) Sections 12, 13, and 15 apply to the rights of 
 35.31  successors of decedents dying on or after the effective date and 
 35.32  to any wills of decedents dying on or after the effective date.