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

that distributions from this trust for living expenses not impair
the motivation of such Beneficiary to become an ethical,
mature, responsible, self-sufficient, and productive adult as
provided in Section (A) of this Article. If, in the judgment of the
Trustee, a Beneficiary has financial difficulties because of
his/her immaturity or lack of industry, Settlors intend that such
difficulties be resolved by such Beneficiary and not by
distributions from the rust; in such a case, Settlors intend the
Trustee to be restrictive in making distributions for such
Beneficiary’s living expenses. On the other hand, if, in the
judgment of the Trustee, a Beneficiary is unable to earn a
reasonable income because of age, physical, or mental
incapacity, or other circumstances that, in the judgment of the
Trustee, are not caused by such Beneficiary’s immaturity or lack
of industry, Settlors intend that the Trustee may make
distributions for the living expenses of such Beneficiary and
those dependent upon such Beneficiary for care and support.
Notwithstanding anything contained herein to the contrary, if a
Beneficiary has dependent issue and is committed to “stay-athome”
rearing and caring for such issue, the Trustee may, in
the Trustee’s discretion, make distributions for living expenses
of such Beneficiary and those dependent upon such Beneficiary
for their care and support. Alternatively, the Trustee, in the
Trustee’s discretion, may make distributions to, or for the
benefit of, a Beneficiary for childcare (in-home or outside of the
home) in order that such Beneficiary may work outside of the
home.
Settlors do not intend to impose any specific employment
standard on a Beneficiary. Thus, a Beneficiary could be a
schoolteacher, or a neurosurgeon, or a volunteer worker in a
church. So long as the Beneficiary is either socially productive
or unable to be so productive because of age, physical, or
mental incapacity, or other circumstances that, in the judgment
of the Trustee, are not caused by such Beneficiary’s immaturity
or lack of industry, the Trustee may make distributions for such
Beneficiary’s living expenses.
Settlors are aware that a Beneficiary may need differing
amounts of distributions for living expenses at different times
during the Beneficiary’s lifetime. Accordingly, the Settlors
authorize the Trustee to require the Beneficiary to maintain a
budget of his/her living expenses and to provide such budget to
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