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

dental insurance premiums, or other costs of individual or group
health plans. The Trustee shall consider the other income and
resources of the Beneficiary (as provided in Article ___), and
shall have the sole discretion in determining the appropriate
distributions for medical and dental costs, and the Trustee’s
judgment in this regard shall be final and binding on a
Beneficiary.
(2) Education. Settlors believe that the education of Settlors’
Children and their issue is one of the most effective and
important means to achieve the goals and objectives set forth in
Section (A) of this Article. Accordingly, the Trustee may make
distributions to, or for the benefit of, a Beneficiary for
education, including tuition, room and board, supplies, books,
lab fees, reasonable living expenses, and all other incidental
costs, including travel for education at a public or private
elementary school, middle school, high school, college,
university, or graduate school, or other educational or vocational
training. Notwithstanding these broad purposes, Settlors intend
that a Beneficiary’s educational endeavors must be undertaken
with a sustained and reasonable effort, and that advanced
college degrees (or additional college degrees) be pursued
primarily for the purpose of advancing in a job or career.
Settlors do not intend that a Beneficiary become a perpetual
student with regard to post-high school education. Rather,
Settlors intend that a Beneficiary receive distributions for posthigh
school education so long as (a) the Beneficiary is pursuing
his/her educational program with a reasonable degree of
dedication; and (b) the educational program so pursued is
reasonably destined to lead to socially productive employment.
The Trustee shall consider the other income and resources of
the Beneficiary (as provided in Article ___), and shall have the
sole discretion in determining the appropriate distributions for
education, and the Trustee’s judgment in this regard shall be
final and binding on a Beneficiary.
(3) Living Expenses. Settlors believe that it is important in the
development of a Beneficiary that such Beneficiary achieves
self-sufficiency, and that such Beneficiary experiences the
personal satisfaction and self-confidence that comes from such
Beneficiary’s own accomplishments. In general, Settlors intend
that, once a Beneficiary completes his/her education, or while a
Beneficiary is not pursuing a course of education as described in
Section (B)(2) of this Article, such Beneficiary be employed, and
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