Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                         CHAPTER 10-H.F.No. 68 
           An act relating to trusts; eliminating the requirement 
          of qualifying trustees in certain cases; amending 
          Minnesota Statutes 1984, section 524.3-913. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 524.3-913, is 
amended to read: 
    524.3-913 [DISTRIBUTIONS TO TRUSTEE.] 
    Before distributing to a testamentary trustee, the personal 
representative shall require that the trustee be qualified in a 
court of competent jurisdiction unless waived by the court or 
the will contains a waiver of qualification.  Notwithstanding 
the waiver, upon petition of any interested person, the court 
may require qualification of the trustee in a court of competent 
jurisdiction. Qualification by a court of a testamentary trustee 
is not required before distributions can be made by a personal 
representative to the trustee, unless qualification is expressly 
requested by will or demanded by an interested person as follows:
    (1) by written demand delivered or mailed to the personal 
representative, or 
    (2) by petition to the court having jurisdiction over the 
probate estate.  
    If demand is made, the personal representative shall 
require proof of qualification of the trustee in a court of 
competent jurisdiction and the personal representative shall not 
make distributions to the trustee until the trustee is qualified 
by the court. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective August 1, 1985, and applies to wills 
executed or amended on or after the effective date. 
    Approved March 21, 1985