reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501B — Charitable Trusts › Section 501B.48 — When Petition May Be Granted.

501B.48 WHEN PETITION MAY BE GRANTED.
Subdivision 1.
Petition under section 501B.46.
The court to which a petition to sell, mortgage, or lease has been made under section 501B.46 may grant the petition, on terms it considers appropriate, if the court determines that:
(1) if the interest in real property were owned in fee simple or absolute ownership by a single individual, a sale or mortgage of the interest would be desirable because total investment returns, including appreciation and the value of any use of the real property by trust beneficiaries, were inadequate; or
(2) an order directing a sale or mortgage would be economically advantageous to the trust beneficiaries to whom trust income is distributable or may be distributed and would not be seriously disadvantageous to any trust beneficiary.
The court to which a petition to lease has been made under section 501B.46 may grant the petition on terms it considers appropriate, even though the term of the lease may extend beyond the term of the trust, if the court determines that an order directing a lease would be economically advantageous to the trust beneficiaries to whom trust income is distributable or may be distributed and would not be seriously disadvantageous to any trust beneficiary.
Subd. 2.
Petition under section 501B.47.
The court to which a petition to sell or mortgage has been made under section 501B.47 may grant the petition on terms it considers appropriate if the court determines that:
(1) were the real property held in trust for the owners of the possessory and future interests in the property, retention of the real property by the trustee without the sale or mortgage would be inconsistent with a trustee's common law duty to administer the trust impartially as between the holders of successive interests in income and principal;
(2) if the interest in real property were owned in fee simple or absolute ownership by a single individual, a sale or mortgage of the interest would be desirable because total investment returns, including appreciation and the value of any use of the real property by possessory owners, were inadequate; or
(3) an order directing a sale or mortgage would be economically advantageous to the owners of possessory interests in the real property and would not be seriously disadvantageous to the owner of any interest in the property.
The court to which a petition to lease has been made under section 501B.47 may grant the petition on terms it considers appropriate, even though the term of the lease may extend beyond the duration of the possessory interests in the real property, if the court determines that an order directing a lease would be economically advantageous to the owners of possessory interests in the real property and would not be seriously disadvantageous to the owner of any interest in the property.
History:
1989 c 340 art 1 s 40
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501B — Charitable Trusts › Section 501B.49 — Notice Of Hearing.

501B.49 NOTICE OF HEARING.
Subdivision 1.
Hearing required.
On the filing of a petition under section 501B.46 or 501B.47, the court shall, by order, fix a time and place for a hearing on the petition unless a hearing has been waived in writing. In the case of a petition under section 501B.46, each beneficiary of the trust then in being must join in the waiver. In the case of a petition under section 501B.47, each person in being who owns an interest in the real property must join in the waiver.
Subd. 2.
Notice.
Notice of hearing must be given by publishing a copy of the order for hearing one time in a legal newspaper for the county in which the petition is filed at least 20 days before the date of the hearing, and by mailing copies of the order for hearing in the manner specified in this subdivision or in another manner ordered by the court. In the case of a petition under section 501B.46, mailed notice must be given by mailing a copy of the order for hearing to those beneficiaries of the trust then in being who are known to or reasonably ascertainable by the petitioner and, in the case of a beneficiary who is a minor or an incapacitated person as defined in section 524.5-102, subdivision 6 or 10, or otherwise under conservatorship, to the conservator or guardian, or if none is acting within the state, to the guardian ad litem of the beneficiary, at least 15 days before the date of the hearing. In the case of a petition under section 501B.47, mailed notice must be given by mailing a copy of the order for hearing to those persons owning an interest in the real property then in being who are known to or reasonably ascertainable by the petitioner and, in the case of a person who is a minor or an incapacitated person as defined in section 524.5-102, subdivision 6 or 10, or otherwise under conservatorship, to the conservator or guardian, or if none is acting within the state, to the guardian ad litem of the person, at least 15 days before the date of the hearing.
History:
1989 c 340 art 1 s 41; 2004 c 146 art 3 s 34
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501B — Charitable Trusts › Section 501B.50 — Representation Of Persons Who Are Unborn, Unascertained, Unknown, Or Minors Or Incapacitated Persons.

501B.50 REPRESENTATION OF PERSONS WHO ARE UNBORN, UNASCERTAINED, UNKNOWN, OR MINORS OR INCAPACITATED PERSONS.
If an interested person is a minor or an incapacitated person as defined in section 524.5-102, subdivision 6 or 10, or otherwise under conservatorship, and does not have a guardian or conservator within the state, the court shall appoint a guardian ad litem for the person. If an interested person is unborn, unascertained, or a person whose identity or address is unknown to the petitioner, the court shall represent the person, but the court may, upon the application of the petitioner or another interested person or on its own motion, appoint a guardian ad litem to represent the person.
History:
1989 c 340 art 1 s 42; 2004 c 146 art 3 s 35
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501B — Charitable Trusts › Section 501B.51 — Order Upon Petition; Execution Of Transaction.

501B.51 ORDER UPON PETITION; EXECUTION OF TRANSACTION.
Subdivision 1.
Form of order; conclusiveness.
At a hearing under section 501B.49, the court shall make an order it considers appropriate. If the petition is granted in whole or in part, the order must specify the real property to be sold, mortgaged, or leased and the terms and conditions on which the transaction is to be consummated. The order is final and conclusive as to all matters determined by it and binding in rem on all persons interested in the real property, whether their interests are vested or contingent, even though the person is a minor, incapacitated as defined in section 524.5-102, subdivision 6 or 10, or otherwise subject to conservatorship, unascertained, or not in being, except that appeal may be taken in the manner provided in the Rules of Appellate Procedure.
Subd. 2.
Execution of order.
(a) In the case of a petition under section 501B.46, all transactions required by the order must be executed by the trustee.
(b) In the case of a petition under section 501B.47, the court shall appoint a suitable person as receiver to act for the court in executing each transaction required by the order. Each required transaction must be executed by the receiver.
History:
1989 c 340 art 1 s 43; 2004 c 146 art 3 s 36
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501B — Charitable Trusts › Section 501B.52 — Report Of Agreement For Confirmation.

501B.52 REPORT OF AGREEMENT FOR CONFIRMATION.
Before a sale, mortgage, or lease is made under an order described in section 501B.51, the trustee or receiver shall enter into an agreement for the sale, mortgage, or lease, subject to the approval of the court, and must report the agreement to the court under oath. At least 15 days before the hearing on the confirmation of the agreement, the trustee or receiver shall mail a copy of the agreement to each interested party to whom mailed notice was given under section 501B.49 and to any interested party who did not receive notice but appeared at the hearing on the petition.
History:
1989 c 340 art 1 s 44
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501B — Charitable Trusts › Section 501B.54 — Legal Effect Of Deed, Mortgage, Or Lease Made Under Section 501b.53.

501B.54 LEGAL EFFECT OF DEED, MORTGAGE, OR LEASE MADE UNDER SECTION 501B.53.
A deed, mortgage, or lease executed and delivered in accordance with an order of confirmation under section 501B.53 binds the interests of the applicant for the order and of all other persons interested in the real property sold, mortgaged, or leased.
History:
1989 c 340 art 1 s 46
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501B — Charitable Trusts › Section 501B.55 — Date Of Creation Of Interests Affected By The Procedures In Sections 501b.46 To 501b.54.

501B.55 DATE OF CREATION OF INTERESTS AFFECTED BY THE PROCEDURES IN SECTIONS 501B.46 TO 501B.54.
The procedures in sections 501B.46 to 501B.54 apply to proceedings initiated after January 1, 1990, with respect to interests created before, on, or after January 1, 1990.
History:
1989 c 340 art 1 s 47
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0102 — Scope.

501C.0102 SCOPE.
(a) This chapter applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that require the trust to be administered in the manner of an express trust.
(b) Sections 501C.0201 to 501C.0208 do not apply to trusts in the nature of mortgages or to trusts commonly known as voting trusts. Sections 501C.0201 to 501C.0208 apply, unless otherwise provided in the trust instrument, to trusts established in connection with bonds issued under chapter 469, and, at the sole election of the issuer of bonds issued under chapter 469, without a trust indenture, to the pledges and other bond covenants made by the issuer in one or more resolutions with respect to the bonds. If the issuer elects to apply sections 501C.0201 to 501C.0208, for such purposes only, pledges and other bond covenants shall be deemed the "trust," the resolution or resolutions shall be deemed the "trust instrument," and the issuer shall be deemed the "trustee" notwithstanding the absence of any fiduciary responsibility owed by the "issuer" toward the bondholders. Nothing in this section precludes the issuer from seeking approval under sections 501C.0201 to 501C.0208 of the creation of any express trust under a trust indenture and the appointment of a trustee to act as fiduciary for the benefit of the bondholders. As used in sections 501C.0201 to 501C.0208, "beneficiary" includes a bondholder.
(c) This chapter does not apply to corporate trusts, except that sections 501C.0201 to 501C.0208 apply to corporate trusts that are administered by a trustee located in this state. For purposes of this paragraph, the following terms have the meanings given:
(1) "Corporate trust" means any trust created pursuant to a corporate trust agreement; and
(2) "Corporate trust agreement" means any indenture, pooling and servicing agreement, collateral agency agreement, or other contractual arrangement that establishes an express trust either before or upon the occurrence of an event of default and was entered into with a trustee as a party to facilitate a commercial transaction for the issuance of debt or equity securities or for the creation of other similar rights or interests, whether or not the securities are subject to any securities laws, including but not limited to the Trust Indenture Act of 1939, as amended.
History:
2015 c 5 art 1 s 2
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0104 — Knowledge.

501C.0104 KNOWLEDGE.
(a) Subject to paragraph (b), a person has knowledge of a fact if the person:
(1) has actual knowledge of it;
(2) has received a notice or notification of it; or
(3) from all the facts and circumstances known to the person at the time in question, has reason to know it.
(b) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable policies and procedures for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the policies and procedures. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
(c) With respect to a conveyance of real property, an organization or other person shall be deemed to have knowledge of facts disclosed by a title examination in accordance with applicable customs and standards.
History:
2015 c 5 art 1 s 4
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0105 — Default And Mandatory Rules.

501C.0105 DEFAULT AND MANDATORY RULES.
(a) Except as otherwise provided in the terms of a trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.
(b) The terms of a trust prevail over any provision of this chapter except:
(1) the requirements for creating a trust;
(2) the duty of a trustee to act in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries;
(3) the requirement that a trust and its terms be for the benefit of its beneficiaries, and that the trust have a purpose that is lawful, not contrary to public policy, and possible to achieve;
(4) the power of the court to modify or terminate a trust under sections 501C.0410 to 501C.0416;
(5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in sections 501C.0502 to 501C.0507;
(6) the power of the court under section 501C.0702 to require, dispense with, or modify or terminate a bond;
(7) the power of the court under section 501C.0708, paragraph (b), to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;
(8) the effect of an exculpatory term under section 501C.1008;
(9) the rights under sections 501C.1010 to 501C.1013 of a person other than a trustee or beneficiary;
(10) periods of limitation for commencing a judicial proceeding;
(11) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and
(12) the subject-matter jurisdiction of the court as provided in section 501C.0202 and venue for commencing a proceeding as provided in section 501C.0207, except as provided in section 501C.0102.
History:
2015 c 5 art 1 s 5; 2019 c 50 art 1 s 123
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0106 — Common Law Of Trusts; Principles Of Equity.

501C.0106 COMMON LAW OF TRUSTS; PRINCIPLES OF EQUITY.
The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or another law of this state.
History:
2015 c 5 art 1 s 6
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0107 — Governing Law.

501C.0107 GOVERNING LAW.
(a) The meaning and legal effect of the terms of a trust are determined by:
(1) the law of the jurisdiction designated in the terms of the trust unless the application of that jurisdiction's law is contrary to a strong public policy of the jurisdiction having the most significant relationship to the matter at issue. The mere fact that a jurisdiction having the most significant relationship to the matter at issue has a law contrary to the law of the designated jurisdiction does not, standing alone, indicate a strong public policy contrary to that of the designated jurisdiction; or
(2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.
(b) For purposes of this section, factors to consider in determining which jurisdiction has the most significant relationship to the matter at issue include the place of the trust's creation, the location of trust property, and the domicile of the settlor, the trustee, and the beneficiaries.
History:
2015 c 5 art 1 s 7
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0108 — Principal Place Of Administration.

501C.0108 PRINCIPAL PLACE OF ADMINISTRATION.
(a) Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the initial principal place of administration are valid and controlling if:
(1) a trustee's principal place of business is located in, or a trustee is a resident of, the designated jurisdiction; or
(2) all or part of the administration occurs in the designated jurisdiction.
(b) A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration, and the interests of the beneficiaries.
(c) Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee, in furtherance of the duty prescribed by paragraph (b), may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States.
(d) The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than 60 days before initiating the transfer; provided that the trustee may initiate the transfer at any time after the notice if all of the qualified beneficiaries agree in writing to an earlier effective date or waive the right to object to the transfer in writing, or upon court approval. The notice of proposed transfer must include:
(1) the name of the jurisdiction to which the principal place of administration is to be transferred;
(2) the address and telephone number at the new location at which the trustee can be contacted;
(3) an explanation of the reasons for the proposed transfer;
(4) the date on which the proposed transfer is anticipated to occur; and
(5) the date, not less than 60 days after giving the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer.
(e) The authority of a trustee under this section to transfer a trust's principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice. If the trustee receives an objection from a qualified beneficiary, the trustee shall not transfer the principal place of administration absent court approval.
(f) Notwithstanding paragraphs (a) to (e), a trustee may transfer some or all of the trust's assets to a successor trustee designated in the terms of the trust or appointed pursuant to section 501C.0704 even if the successor trustee has a principal place of business or residence in a jurisdiction that is different from the trust's principal place of administration.
History:
2015 c 5 art 1 s 8
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0109 — Methods And Waiver Of Nonjudicial Notice.

501C.0109 METHODS AND WAIVER OF NONJUDICIAL NOTICE.
(a) Notice to a person under this chapter or the sending of a document to a person under this chapter must be accomplished in a manner reasonably suitable under the circumstances and that is likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person's last known place of residence or place of business, or a properly directed facsimile or electronic message.
(b) Notice otherwise required under this chapter or a document otherwise required to be sent under this chapter need not be provided to a person whose identity is unknown or whose location is unknown and not reasonably ascertainable by the trustee after making reasonable efforts to locate the person.
(c) Notice under this chapter or the sending of a document under this chapter may be waived in writing by the person to be notified or sent the document.
(d) Notice of a judicial proceeding must be given as provided in sections 501C.0201 to 501C.0208.
History:
2015 c 5 art 1 s 9
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0110 — Others Treated As Qualified Beneficiaries.

501C.0110 OTHERS TREATED AS QUALIFIED BENEFICIARIES.
(a) Whenever notice to qualified beneficiaries of a trust is required under this chapter, the trustee must also give notice to any other beneficiary who has sent the trustee a request for notice.
(b) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this chapter if the charitable organization, on the date the charitable organization's qualification is being determined:
(1) is a distributee or permissible distributee of trust income or principal;
(2) would be a distributee or permissible distributee of trust income or principal upon the termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or
(3) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
(c) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in section 501C.0408 or 501C.0409 has the rights of a qualified beneficiary under this chapter.
(d) The attorney general of this state has the rights of a qualified beneficiary with respect to a charitable trust having its principal place of administration in this state.
History:
2015 c 5 art 1 s 10; 2016 c 135 art 1 s 1
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0111 — Nonjudicial Settlement Agreements.

501C.0111 NONJUDICIAL SETTLEMENT AGREEMENTS.
(a) For purposes of this section, "interested persons" means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.
(b) Except as otherwise provided in paragraph (c), interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust including but not limited to:
(1) the interpretation or construction of the terms of the trust;
(2) the approval of a trustee's report or accounting;
(3) direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power;
(4) the resignation or appointment of a trustee and the determination of a trustee's compensation;
(5) transfer of a trust's principal place of administration; and
(6) liability of a trustee for an action relating to the trust.
(c) A nonjudicial settlement agreement is valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law.
(d) Any interested person may request that the court approve a nonjudicial settlement agreement, to determine whether the representation as provided in sections 501C.0301 to 501C.0305 was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
History:
2015 c 5 art 1 s 11; 2016 c 158 art 1 s 198
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0112 — Rules Of Construction.

501C.0112 RULES OF CONSTRUCTION.
The rules of construction that apply in this state to the interpretation of and disposition of property by will also apply as appropriate to the interpretation of the terms of a trust and the disposition of the trust property.
History:
2015 c 5 art 1 s 12
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0202 — Subject Matter Of Judicial Proceedings.

501C.0202 SUBJECT MATTER OF JUDICIAL PROCEEDINGS.
A judicial proceeding involving a trust may relate to one or more of the following matters:
(1) to confirm an action taken by a trustee;
(2) upon the filing of an account, to settle and allow the account;
(3) to determine the persons having an interest in the income or principal of the trust and the nature and extent of their interests;
(4) to construe, interpret, or reform the terms of a trust, or authorize a deviation from the terms of a trust, including a proceeding involving section 501B.31;
(5) to approve payment of the trustee's, attorney, or accountant fees, or any other fees to be charged against the trust;
(6) to confirm the appointment of a trustee;
(7) to accept a trustee's resignation and discharge the trustee from the trust as provided in section 501C.0705;
(8) to require a trustee to account;
(9) to remove a trustee as provided in section 501C.0706;
(10) to appoint a successor trustee when required by the terms of the trust instrument or when by reason of death, resignation, removal, or other cause there is no acting trustee;
(11) to appoint an additional trustee or special fiduciary whether or not a vacancy in trusteeship exists as provided in section 501C.0704;
(12) to confirm an act taken by a person with respect to a trust while there was no acting trustee or otherwise in compliance with section 501C.0701;
(13) to subject a trust to or remove a trust from continuing court supervision under section 501C.0205;
(14) to mortgage, lease, sell, or otherwise dispose of real property held by the trustee notwithstanding any contrary provision of the trust instrument;
(15) to suspend the powers and duties of a trustee in military service or war service, in accordance with section 525.95, and to order further action authorized in that section;
(16) to secure compliance with the provisions of sections 501B.33 to 501B.45, in accordance with section 501B.41, relating to charitable trusts;
(17) to determine the validity of a disclaimer under sections 524.2-1101 to 524.2-1116;
(18) to transfer the trust's principal place of administration as provided in section 501C.0108;
(19) to redress a breach of trust;
(20) to terminate a trust;
(21) to divide a trust or to merge two or more trusts as provided in section 501C.0417;
(22) to approve a nonjudicial settlement as provided in section 501C.0111;
(23) to approve, modify, or object to a proposed trust decanting as provided in section 502.851; or
(24) to instruct the trustee regarding any matter involving the trust's administration or the discharge of the trustee's duties, including a request for instructions and an action to declare rights.
History:
2015 c 5 art 2 s 2
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0203 — Order For Hearing And Notice.

501C.0203 ORDER FOR HEARING AND NOTICE.
Subdivision 1.
In rem judicial proceedings.
Upon the filing of a petition under the district court's in rem jurisdiction by an interested person, the court shall, by order, fix a time and place for a hearing. Notice of the judicial proceeding must be given by an interested person as follows: (1) by publishing, at least 20 days before the date of the hearing, a copy of the order for hearing one time in a legal newspaper for the county in which the petition is filed; and (2) by mailing, at least 15 days before the date of the hearing, a copy of the order for hearing to those current trustees and qualified beneficiaries of the trust whose identity is known and whose location is known or reasonably ascertainable to the petitioner after making reasonable efforts to locate such persons. In the case of a qualified beneficiary who is a minor or an incapacitated person as defined in section 524.5-102, notice of the judicial proceeding shall also be given to any representative person acting on behalf of the qualified beneficiary in accordance with the provisions of sections 501C.0301 to 501C.0305 who is known to the petitioner. The district court shall have the discretion to order that notice of the judicial proceeding may be given in any other manner as the court directs.
Subd. 2.
In personam judicial proceedings.
Upon the filing of a petition under the district court's in personam jurisdiction by an interested person, the court shall, by order, fix a time and place for hearing. Notice of the judicial proceeding must be given by an interested person to the current trustees and the qualified beneficiaries in the same manner as set forth under Rule 4 of the Rules of Civil Procedure by serving a copy of the order for hearing and the petition at least 15 days prior to the hearing unless waived in writing by the current trustees and the qualified beneficiaries. In the case of a qualified beneficiary who is a minor or an incapacitated person as defined in section 524.5-102, notice of the judicial proceeding shall also be given to any representative person acting on behalf of the qualified beneficiary in accordance with the provisions of sections 501C.0301 to 501C.0305 who is known to the petitioner. The district court shall have the discretion to order that notice of the judicial proceeding may be given in any other manner as the court directs.
History:
2015 c 5 art 2 s 3
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0204 — Order And Appeal.

501C.0204 ORDER AND APPEAL.
Subdivision 1.
In rem judicial proceedings.
Upon the hearing of a petition under the district court's in rem jurisdiction, the court shall make an order it considers appropriate. The order is binding in rem upon the trust estate and upon the interests of all beneficiaries, vested or contingent, even though unascertained or not in being. An appeal from an order which, in effect, determines the petition may be taken by any party after service by any party of written notice of its filing as provided under the Rules of Appellate Procedure or, if no notice is served, within six months after the filing of the order.
Subd. 2.
In personam judicial proceedings.
Upon the hearing of a petition under the district court's in personam jurisdiction, the court shall make an order it considers appropriate. The order is binding on (1) a party who is served with notice of the judicial proceeding, (2) a party who appears in the judicial proceeding, and (3) any other party who may be bound by such parties as described in sections 501C.0301 to 501C.0305. An appeal from an order which, in effect, determines the petition may be taken by any party after service by any party of written notice of its filing as provided under the Rules of Appellate Procedure or, if no notice is served, within six months after the filing of the order.
History:
2015 c 5 art 2 s 4
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0205 — Court-supervised Trusts.

501C.0205 COURT-SUPERVISED TRUSTS.
(a) A person appointed as trustee of a trust or any interested person may file in the district court an ex parte petition to confirm the appointment of the trustee and specify the manner in which the trustee must qualify for appointment. Any such petition must be filed as an in rem proceeding in compliance with section 501C.0203, subdivision 1. Upon consideration of the petition, the court shall make an order it considers appropriate.
(b) A trustee whose appointment has been confirmed by court order under this section or a trustee otherwise subject to continuing court supervision by court order must file with the court administrator of the district court an inventory containing a list of all property belonging to the trust. The trustee shall render to the court, at least annually, a verified account containing a complete inventory of the trust assets and itemized principal and income accounts. This section does not apply to trusts established in connection with bonds issued under chapter 469.
History:
2015 c 5 art 2 s 5
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0206 — Personal Jurisdiction Over Trustee And Beneficiary.

501C.0206 PERSONAL JURISDICTION OVER TRUSTEE AND BENEFICIARY.
(a) By accepting the trusteeship of a trust having its principal place of administration in this state or by moving the principal place of administration to this state, the trustee submits to the personal jurisdiction of the courts of this state regarding any matter involving the trust.
(b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this state are subject to the personal jurisdiction of the courts of this state regarding any matter involving the trust. By not releasing or disclaiming the beneficiary's beneficial interest in the trust, a beneficiary of a trust having its principal place of administration in this state submits to the personal jurisdiction of the courts of this state regarding any matter involving the trust.
(c) This section does not preclude other methods of obtaining personal jurisdiction over a trustee, beneficiary, or other person receiving property from the trust.
History:
2015 c 5 art 2 s 6
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0207 — Venue.

501C.0207 VENUE.
(a) Except as otherwise provided in paragraph (b), venue for a judicial proceeding involving a trust is as follows:
(1) in the case of a trust created by will, in the district court for (i) the county of this state where the will was probated, (ii) the county of this state where a trustee having custody of part or all of the trust assets resides or has a trust office, or (iii) the county of this state in which the trust's principal place of administration is or will be located upon approval by the court;
(2) in the case of a nontestamentary trust, in the district court for (i) the county of this state where a trustee having custody of part or all of the trust assets resides or has a trust office, or (ii) the county of this state in which the trust's principal place of administration is or will be located upon approval by the court; or
(3) in the case of a trust holding real property, in the district court for any county in which the real estate is situated.
(b) In the case of a trust with respect to which there have been prior court proceedings in this state, a petition under sections 501C.0201 to 501C.0206 must be filed in the court in which the prior proceedings were held, absent approval from the prior court.
History:
2015 c 5 art 2 s 7
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0208 — Application.

501C.0208 APPLICATION.
Sections 501C.0201 to 501C.0207 do not limit or abridge the power or jurisdiction of the court over trusts, trustees, and beneficiaries.
History:
2015 c 5 art 2 s 8
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0301 — Representation: Basic Effect.

501C.0301 REPRESENTATION: BASIC EFFECT.
(a) Notice to a person who may represent and bind another person under sections 501C.0302 to 501C.0305 has the same effect as if notice were given directly to the other person.
(b) The consent of a person who may represent and bind another person under sections 501C.0302 to 501C.0305 is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have been effective. The provisions of this paragraph shall not apply to representation under section 501C.0302.
(c) Except as otherwise provided in sections 501C.0411 and 501C.0602, a person who under sections 501C.0302 to 501C.0305 may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf.
(d) A settlor may not represent and bind a beneficiary under sections 501C.0302 to 501C.0305 with respect to the termination or modification of a trust under section 501C.0411, paragraph (a).
(e) The settlor or another person, including one or more beneficiaries of the trust, designated by the terms of the trust instrument to receive information from the trustee concerning the administration of the trust and the material facts necessary to protect the beneficiaries' interests in the manner described in section 501C.0813, paragraph (b), shall be a representative of the beneficiaries with respect to the limitations period on judicial proceedings against a trustee under section 501C.1005, paragraph (a).
History:
2015 c 5 art 3 s 1
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0302 — Representation By Holder Of A General Power.

501C.0302 REPRESENTATION BY HOLDER OF A GENERAL POWER.
For purposes of giving notice, waiving notice, initiating a proceeding, granting consent or approval, or objecting with regard to any proceedings under this chapter, the sole holder or all co-holders of a presently exercisable or testamentary general power of appointment, power of revocation, or unlimited power of withdrawal are deemed to represent and act for beneficiaries to the extent that their interests as permissible appointees, takers in default, or otherwise are subject to the power.
History:
2015 c 5 art 3 s 2
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0303 — Representation By Fiduciaries And Parents.

501C.0303 REPRESENTATION BY FIDUCIARIES AND PARENTS.
(a) To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:
(1) a conservator may represent and bind the estate that the conservator controls;
(2) an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
(3) a trustee may represent and bind the beneficiaries of the trust;
(4) a personal representative of a decedent's estate may represent and bind persons interested in the estate; and
(5) a parent may represent and bind the parent's minor or unborn child if a conservator for the child has not been appointed.
(b) If a disagreement arises between parents seeking to represent the same minor child:
(1) the parent who is a beneficiary of the trust that is the subject of the representation is entitled to represent the minor child;
(2) if both parents are beneficiaries of the trust that is the subject of the representation, the parent who is a lineal descendent of the settlor is entitled to represent the minor child;
(3) if neither parent is a beneficiary of the trust that is the subject of the representation, the parent who is a lineal descendent of the settlor is entitled to represent the minor child; or
(4) if neither parent is a beneficiary or a lineal descendent of the settlor of the trust that is the subject of the representation, a guardian ad litem must be appointed to represent the minor child.
History:
2015 c 5 art 3 s 3
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0304 — Representation By Person Having Substantially Identical Interest.

501C.0304 REPRESENTATION BY PERSON HAVING SUBSTANTIALLY IDENTICAL INTEREST.
Unless otherwise represented under section 501C.0302, 501C.0303, or 501C.0305, a minor, an incapacitated or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable after making reasonable efforts to locate such person, may be represented by and bound by another having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented.
History:
2015 c 5 art 3 s 4
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0305 — Representation By Court; Appointment Of Representative.

501C.0305 REPRESENTATION BY COURT; APPOINTMENT OF REPRESENTATIVE.
(a) In any in rem proceeding, if a person with an interest in a trust is a minor or an incapacitated person as defined in section 524.5-102 and has no conservator within the state, or if a person with an interest in a trust is unborn, unascertained, or a person whose identity or address is unknown and not reasonably ascertainable, the court shall represent that person, unless the court appoints a representative to represent the person.
(b) As to any other matter arising under this chapter, whether or not a judicial proceeding concerning the trust is pending, if the court determines that a person with an interest in a trust is not represented under sections 501C.0301 to 501C.0304, or that the otherwise available representation might be inadequate, the court may appoint a representative on behalf of such unrepresented person. The appointment of a representative pursuant to this section shall constitute a determination by the court that such appointment is appropriate.
(c) Any representative provided for in this section may be appointed upon application of the trustee or of any other person with an interest in a trust, or by the court on its own motion.
(d) In making decisions, the court or a representative, as the case may be, may consider general benefit accruing to the living members of the represented person's family.
History:
2015 c 5 art 3 s 5
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0401 — Methods Of Creating Trust.

501C.0401 METHODS OF CREATING TRUST.
(a) A trust may be created by:
(1) transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;
(2) declaration by the owner of property that the owner holds identifiable property as trustee; or
(3) exercise of a power of appointment in favor of a trustee.
(b) If a transfer of property is made to one person and the purchase price is paid by another person, a resulting trust is presumed to arise in favor of the person by whom the purchase price is paid, except:
(1) if the person by whom the purchase price was paid manifests a contrary intention, no resulting trust is presumed to arise;
(2) if the transferee is a spouse, child, or other natural object of bounty of the payor, a gift in favor of the transferee is presumed and no resulting trust is presumed to arise; and
(3) if the transfer is made to accomplish an illegal purpose, no resulting trust is presumed to arise unless it is needed to prevent unjust enrichment of the transferee.
(c) Every legal estate and interest not embraced in an express trust and not otherwise disposed of remains in the settlor.
History:
2015 c 5 art 4 s 1
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0402 — Requirements For Creation.

501C.0402 REQUIREMENTS FOR CREATION.
(a) A trust is created only if:
(1) the settlor has capacity to transfer property free from trust, except that if a trust is a revocable trust, the settlor has capacity as required under section 501C.0601;
(2) the settlor indicates an intention to create the trust;
(3) the trust has a definite beneficiary or is:
(i) a charitable trust;
(ii) trust for the care of an animal, as provided in section 501C.0408; or
(iii) a trust for a noncharitable purpose, as provided in section 501C.0409; and
(4) the trustee has duties to perform.
(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.
(c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property if the power had not been conferred.
(d) No trust is invalid or terminated, and title to trust assets is not merged, because the trustee or trustees are the same person or persons as the beneficiaries of the trust.
(e) Passive trusts of real or personal property are abolished. An attempt to create a passive trust vests the entire estate granted in the beneficiary.
History:
2015 c 5 art 4 s 2; 2016 c 135 art 1 s 2
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0403 — Trusts Created In Other Jurisdictions.

501C.0403 TRUSTS CREATED IN OTHER JURISDICTIONS.
A trust not created by will is validly created if its creation complies with the law of jurisdiction in which the trust instrument is executed, or the law of the jurisdiction in which, at the time of execution:
(1) the settlor was domiciled, had a place of abode, or was a national;
(2) a trustee was domiciled or had a place of business; or
(3) any trust property was located.
History:
2015 c 5 art 4 s 3
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0404 — Trust Purposes.

501C.0404 TRUST PURPOSES.
A trust may be created only to the extent its purposes are lawful, not contrary to public policy, and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries.
History:
2015 c 5 art 4 s 4
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0406 — Creation Of Trust Induced By Fraud, Duress, Or Undue Influence.

501C.0406 CREATION OF TRUST INDUCED BY FRAUD, DURESS, OR UNDUE INFLUENCE.
A trust is void to the extent its creation was induced by fraud, duress, or undue influence.
History:
2015 c 5 art 4 s 5
2023 Minnesota Statutes › Chapters 500 - 515B — Property And Property Interests › Chapter 501C — Trusts › Section 501C.0407 — Evidence Of Oral Trust.

501C.0407 EVIDENCE OF ORAL TRUST.
The formal expression of intent to create a trust can be either written or oral subject to the requirements of sections 513.04 and 524.2-502. The creation of an oral trust and its terms must be established by clear and convincing evidence.
History:
2015 c 5 art 4 s 6