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

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investments of the <strong>Trust</strong> shall consist of common or preferred stocks of large cap<br />

companies. No less than fifty percent (50%) and no more than sixty-five percent<br />

(65%) of the investments of the trust shall consist of corporate or tax exempt<br />

bonds. All bonds shall maintain a rating by Moody’s, or an equivalent rating<br />

service, no less than A and shall have maturities that are of medium term on the<br />

date of purchase. Grantors also recommend that any tax exempt bonds be insured<br />

or pre-funded.<br />

32. Change of Situs. The <strong>Trust</strong>ee may transfer the situs of any trust<br />

created hereunder to another jurisdiction and may direct that the administration of<br />

the <strong>Trust</strong> shall thereafter be governed by the laws of such other jurisdiction. The<br />

power conferred on the <strong>Trust</strong>ee under this section shall be a continuing power<br />

which may be exercised any number of times for the purpose of transferring the<br />

situs of the <strong>Trust</strong>.<br />

33. Discretionary Distributions.<br />

(A)<br />

(B)<br />

Statement of Settlors’ General Goals and Objectives. Settlors’ overall<br />

objective in establishing and funding this <strong>Trust</strong> Agreement is that<br />

Settlors’ Children and their issue become ethical, mature, responsible,<br />

self-sufficient, and productive adults. Settlors believe that a goaloriented,<br />

responsible, and productive life provides happiness,<br />

satisfaction, and self-fulfillment; as a result, Settlors do not intend that<br />

trust distributions deprive or distract from the need of the Beneficiaries<br />

to have high standards for themselves, to work hard at their career<br />

and family responsibilities, and to experience the satisfaction of their<br />

own accomplishments.<br />

Statement of Settlors’ Specific Goals and Objectives. In carrying out<br />

Settlors’ overall objectives as set forth in <strong>Section</strong> (A) of this Article,<br />

the <strong>Trust</strong>ee shall be guided by the following:<br />

(1) Health Care. The <strong>Trust</strong>ee may make distributions for health<br />

care costs, including fees of physicians, dentists, and other<br />

health care providers; surgery, drugs, and medication;<br />

hospitalization, outpatient and nursing care, including care at<br />

home; dental, including orthodontic, treatment, and surgery;<br />

psychiatric, psychological treatment, or counseling (including<br />

marital counseling); treatment for alcohol or drug addition,<br />

temporary or permanent stays in a rest or convalescent hospital,<br />

rest home, treatment or rehabilitation facility, or in a nursing<br />

home or community-based residential facility; travel or extended<br />

living away from home for reasons of health, and living<br />

expenses in connection with such travel or stays; and health or<br />

22

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