Probate & Trust Law Section Conference Manual ... - Minnesota CLE

(2) Would be a permissible distributee of trust income or
principal if the interests of the distributees described in
paragraph 1 terminated on that date without causing the
trust to terminate; or
(3) Would be a permissible distributee of trust income or
principal if the trust terminated on that date.
b. Does not include a contingent distributee or a contingent
permissible distributee of trust income or principal whose interest
in the trust is not reasonably expected to vest.
* * * * * * * * * * * * * *
7. The Court may modify the trust terms to achieve the settlor’s tax
objectives. N.D.C.C. § 59-12-16.
8. Pet trusts are allowed per N.D.C.C. § 59-12-08, but the Court may
determine the value of the trust property exceeds the amount required for
the intended use.
9. A conservator of the settlor may exercise a settlor’s power to revoke,
amend or distribute trust property only with the approval of the
conservatorship court. N.D.C.C. § 59-14-02(6).
10. Co-trustees may serve separately unless the trust terms require joint
action. N.D.C.C. § 59-15-03.
11. A trustee may be removed if all “qualified beneficiaries” request the
removal to the Court and the Court finds the removal is not inconsistent
with the material purpose of the trust. N.D.C.C. § 59-15-06(2).
12. Special Needs Trusts in North Dakota. N.D.C.C. Chapter 59-08 enacted
in 2003:
Self-settled special needs trust is the same as a Minnesota special
needs trust or a 42 U.S.C. 1396p(d)(4) trust:
o Funded with the assets of the individual with a disability.
o Federal law allows for the creation of a non-pooled selfsettled
special needs trust by a parent, grandparent,
guardian or the Court. However, North Dakota has unique
requirements (these are from my experience only, and are
not required by any written rule):
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