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HF 748

as introduced - 87th Legislature (2011 - 2012) Posted on 02/28/2011 10:12am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to trusts; providing for animal care; proposing coding for new law in
Minnesota Statutes, chapter 501B.

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

Section 1.

new text begin [501B.011] TRUST FOR CARE OF ANIMAL.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose; termination. new text end

new text begin A trust may be created to provide for the
care of an animal alive during the grantor's lifetime. The trust terminates upon the death of
the animal or, if the trust was created to provide for the care of more than one animal alive
during the grantor's lifetime, upon the death of the last surviving animal.
new text end new text begin new text end

new text begin Subd. 2. new text end

new text begin Enforcement of trust. new text end

new text begin A trust authorized by this section may be enforced
by a person appointed in the terms of the trust or, if no person is so appointed, by a person
appointed by a court. A person having an interest in the welfare of the animal may request
the court to appoint a person to enforce the trust or to remove a person appointed.
new text end

new text begin Subd. 3. new text end

new text begin Application of trust property. new text end

new text begin Property of a trust authorized by this
section may be applied only to its intended use, except to the extent a court determines
that the value of the trust property exceeds the amount required for the intended use.
Upon termination of the trust, or if the court determines the trust has excess funds, the
trustee shall transfer the unexpended or excess trust property pursuant to the terms of the
trust instrument, or if there is no such provision, then the trust shall pass to the grantor's
heirs-at-law determined as if the grantor died intestate domiciled in this state at the time
of distribution.
new text end

new text begin Subd. 4. new text end

new text begin Public health programs and trusts. new text end

new text begin An irrevocable inter vivos trust
created under this section is subject to section 501B.895.
new text end