SF 2723

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to property; making certain appeal periods 
  1.3             consistent; changing provisions of the Uniform Probate 
  1.4             Code; amending Minnesota Statutes 1998, sections 
  1.5             501B.21; 524.2-513; 524.3-1203, subdivision 5; and 
  1.6             525.712. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 501B.21, is 
  1.9   amended to read: 
  1.10     501B.21 [ORDER AND APPEAL.] 
  1.11     Upon hearing a petition filed under section 501B.16, the 
  1.12  court shall make an order it considers appropriate.  The order 
  1.13  is final as to all matters determined by it and binding in rem 
  1.14  upon the trust estate and upon the interests of all 
  1.15  beneficiaries, vested or contingent, even though unascertained 
  1.16  or not in being, except that.  An appeal from the order may be 
  1.17  taken by any party after service by any party of written notice 
  1.18  of its filing under the Rules of Appellate Procedure or, if no 
  1.19  notice is served, within six months after the filing of the 
  1.20  order. 
  1.21     Sec. 2.  Minnesota Statutes 1998, section 524.2-513, is 
  1.22  amended to read: 
  1.23     524.2-513 [SEPARATE WRITING IDENTIFYING BEQUEST OF TANGIBLE 
  1.24  PROPERTY.] 
  1.25     A will may refer to a written statement or list to dispose 
  1.26  of items of tangible personal property not otherwise 
  2.1   specifically disposed of by the will, other than money, 
  2.2   evidences of indebtedness, documents of title, and 
  2.3   securities and coin collections, and property used in trade or 
  2.4   business.  To be admissible under this section as evidence of 
  2.5   the intended disposition, the writing must be referred to in the 
  2.6   will, must be either be in the handwriting of the testator or be 
  2.7   signed by the testator, and must describe the items and the 
  2.8   devisees with reasonable certainty.  The writing may be referred 
  2.9   to as one to be in existence at the time of the testator's 
  2.10  death; it may be prepared before or after the execution of the 
  2.11  will; it may be altered by the testator after its preparation; 
  2.12  and it may be a writing which has no significance apart from its 
  2.13  effect upon the dispositions made by the will.  
  2.14     A writing may include multiple writings and if an item of 
  2.15  tangible personal property is disposed of to different persons 
  2.16  by different writings, the most recent writing controls the 
  2.17  disposition of the item. 
  2.18     Sec. 3.  Minnesota Statutes 1998, section 524.3-1203, 
  2.19  subdivision 5, is amended to read: 
  2.20     Subd. 5.  [EXHAUSTION OF ESTATE.] In any summary, special, 
  2.21  or other administration in which it appears that the estate will 
  2.22  not be exhausted in payment of the priority items enumerated in 
  2.23  subdivisions 1 to 4, the estate may nevertheless be summarily 
  2.24  closed without further notice, and the property assigned to the 
  2.25  proper persons, if the gross probate estate, exclusive of any 
  2.26  exempt homestead as defined in section 524.2-402, and any exempt 
  2.27  property as defined in section 524.2-403, does not exceed the 
  2.28  value of $30,000 $100,000.  If the closing and distribution of 
  2.29  assets is made pursuant to the terms of a will, no decree shall 
  2.30  issue until a hearing has been held for formal probate of the 
  2.31  will as provided in sections 524.3-401 to 524.3-413.  
  2.32     No summary closing of an estate shall be made to any 
  2.33  distributee under this subdivision, unless a showing is made by 
  2.34  the personal representative or the petitioner, that all property 
  2.35  selected by and allowances to the spouse and children as 
  2.36  provided in section 524.2-403 and the expenses and claims 
  3.1   provided in section 524.3-805 have been paid, and provided, 
  3.2   further, that a bond shall be filed by the personal 
  3.3   representative or the petitioner, conditioned upon the fact that 
  3.4   all such obligations have been paid and that all the facts shown 
  3.5   on the petition are true, with sufficient surety approved by the 
  3.6   court in an amount as may be fixed by the court to cover 
  3.7   potential improper distributions.  If a personal representative 
  3.8   is appointed, the representative's bond shall be sufficient for 
  3.9   such purpose unless an additional bond is ordered, and the 
  3.10  sureties on the bond shall have the same obligations and 
  3.11  liabilities as provided for sureties on a distribution bond.  
  3.12     In the event that an improper distribution or disbursement 
  3.13  is made in a summary closing, in that not all of said 
  3.14  obligations have been paid or that other facts as shown by the 
  3.15  personal representative or the petitioner, are not true, 
  3.16  resulting in damage to any party, the court may vacate its 
  3.17  summary decree or closing order, and the petitioner or the 
  3.18  personal representative, together with the surety, shall be 
  3.19  liable for damages to any party determined to be injured thereby 
  3.20  as herein provided.  The personal representative, petitioner, or 
  3.21  the surety, may seek reimbursement for damages so paid or 
  3.22  incurred from any distributee or recipient of assets under 
  3.23  summary decree or order, who shall be required to make a 
  3.24  contribution to cover such damages upon a pro rata basis or as 
  3.25  may be equitable to the extent of assets so received.  The court 
  3.26  is hereby granted complete and plenary jurisdiction of any and 
  3.27  all such proceedings and may enter such orders and judgments as 
  3.28  may be required to effectuate the purposes of this subdivision.  
  3.29     Any judgment rendered for damages or the recovery of assets 
  3.30  in such proceedings shall be upon petition and only after 
  3.31  hearing held thereon on 14 days' notice of hearing and a copy of 
  3.32  petition served personally upon the personal representative and 
  3.33  the surety and upon any distributee or recipient of assets where 
  3.34  applicable.  Any action for the recovery of money or damages 
  3.35  under this subdivision is subject to the time and other 
  3.36  limitations imposed by section 525.02.  
  4.1      Sec. 4.  Minnesota Statutes 1998, section 525.712, is 
  4.2   amended to read: 
  4.3      525.712 [REQUISITES.] 
  4.4      The appeal may be taken under the Rules of Appellate 
  4.5   Procedure by any person aggrieved within 30 days after service 
  4.6   by any party of written notice of the filing of the order, 
  4.7   judgment, or decree appealed from, or if no written notice be is 
  4.8   served, within six months after the filing of the order, 
  4.9   judgment, or decree.  Except as provided in this section, the 
  4.10  appeal shall be perfected and determined upon the record as 
  4.11  provided in the Rules of Appellate Procedure. 
  4.12     Sec. 5.  [EFFECTIVE DATE.] 
  4.13     Section 2 is effective for wills signed on or after August 
  4.14  1, 2000.