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

(B)
_________ Foundation. In addition to the distributions of income
authorized under Paragraph (A) of this Section, the Trustee, in its sole
and absolute discretion, may distribute to the ____________ Foundation
income reasonably judged by the Trustee to be unnecessary to satisfy
the intended trust distributions to the Primary Beneficiaries and
Secondary Beneficiaries under Paragraph (A) of this Section; provided,
however, the ____________ Foundation must be in existence on the
date of any such distribution and that the said ____________
Foundation must then be a Charitable Organization as defined
hereafter.
The Trustee shall assume no liability whatsoever for the exercise or
nonexercise of its discretion to distribute income to the said
____________ Foundation as provided in this Paragraph. The Trustee’s
judgment as to the appropriate distributions of income among the
Primary Beneficiaries, Secondary Beneficiaries, and the ____________
Foundation shall be final and binding on the said beneficiaries.
35. Substance Abuse/Incarceration.
(A)
Substance Abuse or Incarceration. If the Trustee has actual
knowledge that a Primary Beneficiary of Secondary Beneficiary of a
trust uses or consumes an illegal drug, or abuses any legal drug of
alcohol (collectively, “Substance Abuse”), or is incarcerated
involuntarily (whether in a jail, prison, hospital, clinic, other treatment
facility, electronic monitoring or house arrest, collectively
“Incarceration”), the Trustee may suspend all distributions to or for the
benefit of the Beneficiary pursuant to Section ___ of this Article,
except for distributions for health care expenses of the Beneficiary as
defined in Section ___ of Article ___. In addition, the Trustee may
suspend all unitrust distributions to the affected Primary Beneficiary
pursuant to Section ___ of this Article, and may suspend all requests
for appointments by the Trust Protector pursuant to Section ___ of
this Article.
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