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524.1-403 PLEADINGS; WHEN PARTIES BOUND BY OTHERS; NOTICE.
In formal proceedings involving estates of decedents and in judicially supervised settlements,
the following apply:
(1) Interests to be affected shall be described in pleadings which give reasonable information
to owners by name or class, by reference to the instrument creating the interests, or in other
appropriate manner.
(2) Persons are bound by orders binding others in the following cases:
(i) Orders binding the sole holder or all coholders of a power of revocation or a presently
exercisable general power of appointment, including one in the form of a power of amendment,
bind other persons to the extent their interests as objects, takers in default, or otherwise, are
subject to the power.
(ii) To the extent there is no conflict of interest between them or among persons represented,
orders binding a conservator bind the person whose estate the conservator controls; orders binding
a guardian bind the ward if no conservator of the estate has been appointed; orders binding a
trustee bind beneficiaries of the trust in proceedings to probate a will establishing or adding to a
trust, to review the acts or accounts of a prior fiduciary and in proceedings involving creditors or
other third parties; and orders binding a personal representative bind persons interested in the
undistributed assets of a decedent's estate in actions or proceedings by or against the estate. If
there is no conflict of interest and no conservator or guardian has been appointed, a parent may
represent the parent's minor child.
(iii) An unborn or unascertained person who is not otherwise represented is bound by an
order to the extent that person's interest is adequately represented by another party having a
substantially identical interest in the proceeding.
(3) Notice is required as follows:
(i) Notice as prescribed by section 524.1-401 shall be given to every interested person or to
one who can bind an interested person as described in (2)(i) or (2)(ii). Notice may be given both
to a person and to another who may bind the person.
(ii) Notice is given to unborn or unascertained persons, who are not represented under
(2)(i) or (2)(ii), by giving notice to all known persons whose interests in the proceedings are
substantially identical to those of the unborn or unascertained persons.
(4) At any point in a proceeding, a court may appoint a guardian ad litem to represent the
interest of a minor, an incapacitated, unborn, or unascertained person, or a person whose identity
or address is unknown, if the court determines that representation of the interest otherwise would
be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to
represent several persons or interests. The court shall set out its reasons for appointing a guardian
ad litem as a part of the record of the proceeding.
History: 1974 c 442 art 1 s 524.1-403; 1975 c 347 s 21; 1986 c 444

Official Publication of the State of Minnesota
Revisor of Statutes