MN TRUST ADMINISTRATION DESKBOOK WITH EFORMBOOK - LINKEDLAW
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ITEM #:  60092900   |   PUBLISHED:  MARCH 18, 2021
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Minnesota Trust Administration Deskbook with eFormbook, 4th Edition

Edited by Diana l. Marianetti, Sarah Sonday & Ivory S. Umanah

The Fourth Edition of the Minnesota Trust Administration Deskbook offers a fully updated and reorganized manual that is easier to navigate and provides more practical information for practitioners than previous editions. It includes detailed coverage of the creation and modification of trusts, managing the day-to-day administration of trusts, handling the termination of trusts, and much more! The layout of the Deskbook has been changed to put more focus on the creation, modification, and administration of trusts, as well as provide in-depth coverage to the topics our readers said are most important to their practice. The Fourth Edition is arranged to allow readers to quickly and easily find the information they need. It also includes updated sample forms and clauses, helpful comparison charts, and a fully updated subject index and table of authorities. The Minnesota Trust Administration Deskbook comes with an eFormbook, which includes more than 75 essential forms and trust documents that can be easily accessed and downloaded in electronic form.

2020 UPDATE
The 2020 Update to the Minnesota Trust Administration Deskbook includes updates to 17 chapters, including Chapter 3, Creation and Modification of Trusts; Chapter 5, Termination of Trusts; Chapter 7, Supplemental and Special Needs Trusts; Chapter 9, Trustee’s Duties, Powers and Liabilities; Chapter 14, Federal and State Taxation of Trusts, and many more!  The Update also includes the NEW eFormbook, which includes more than 75 trust forms available for download for all Deskbook owners.


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CHAPTER 1
Overview and Sources of Minnesota Trust Law
Scope of Chapter; Introduction and General History; Holdover Provisions of Chapter 501B; Minnesota Trust Code – Minnesota Statutes Chapter 501C; Powers of Appointment of Minnesota Statutes Chapter 502; Appendix A – Trust Creation and Administration Checklist
– Beth T. Morrison & Edward H. Tully

CHAPTER 2
Professional Responsibility
Introduction; Identifying the Client; Duties to Non-Client Beneficiaries; Representing the Trustee When Beneficiaries or Creditors are Current Clients; Representing the Trustees or Beneficiaries Upon Death of the Former Client; Representing Cotrustees or Multiple Beneficiaries; Competence and Communication; Fees; Business Transactions with Trustees or Beneficiaries; Attorneys as Trustee; Ending the Attorney-Client Relationship; Resources
– AmyAnn W. Mursu

CHAPTER 3
Creation and Modification of Trusts
PART I: CREATION; Statutory Authority for the Creation of Trusts; Trust Types; PART II VALIDITY; The Essential Elements of a Trust; Inter Vivos Trusts; The Testamentary Trust; The Rule Against Perpetuities; Trust Construction; Rights of Creditors and Spouses to a Settlor’s Trust Assets; Tax Consequences of the Creation of a Trust; Disclaimers; Trusts with Real Estate; PART III: MODIFICATION; Trust Modification; Appendix A – Overview of Trust Modification Chart
– Michelle L. Rehbein

CHAPTER 4
Revocable Trusts
PART I: CREATION AND ADMINISTRATION DURING SETTLOR’S LIFETIME; Introduction; Creating, Amending, or Revoking the Trust; Funding and Administering a Revocable Trust During the Settlor’s Lifetime; Incapacity and Trustee Succession; Power of the District Court (Probate Division) Over Revocable Trusts and its Authority to Set Aside a Revocable Trust; Taxation During Settlor’s Life; PART II: TRUST ADMINISTRATION AFTER THE SETTLOR’S DEATH; Administration of Revocable Trust After the Settlor’s Death; PART III: INTERPRETATION; Laws and Comparison of Revocable Trusts and Wills; Appendix A – Transfer of Assets; Appendix B – Sample Instruction Letter Regarding Transfer of Mutual Fund Accounts; Appendix C – Sample Letter From Settlor to Trustee Regarding Delivery of Deed with Trustee Receipt; Appendix D – Affidavit of Delivery; Appendix E – Sample Appointment of Successor Trustee; Appendix F – Request to Reissue United States Savings Bonds to a Personal Trust; Appendix G – Affidavit of Trustee; Appendix H – Election to Treat a Qualified Revocable Trust as Part of an Estate
– Adam J. Rohne

CHAPTER 5
Termination of Trusts
Introduction; When Does a Trust Terminate?; Steps to Wind Up the Trust Administration; Appendix A – Waiver of Accounting and Release; Appendix B – Consent to Final Account and Plan of Division and Release; Appendix C – Plan of Division and Proposed Plan of Distribution
– Kelli A. Hill & Marcia E. Urban

CHAPTER 6
Charitable Trusts
Introduction; Administration of Charitable Trusts; Modification of Charitable Trusts and Institutional Funds; Attorney General Supervision of Charitable Trusts; Charitable Trusts as Organizations Exempt from Federal Income Tax; Certain Types of Charitable Split Interest Trusts
– Sheryl G. Morrison & Wade S. Hauser

CHAPTER 7
Supplemental Needs Trusts
Introduction; Supplemental Needs Trusts; Purely Discretionary Trusts; Special Needs Trusts; Pooled Special Needs Trusts; ABLE Act Accounts; Appendix A – Trust Comparison Chart
– Jeffrey W. Schmidt

CHAPTER 8
Minnesota Uniform Statutory Rule Against Perpetuities
Summary of the Common Law Rule Against Perpetuities; Uniform Statutory Rule Against Perpetuities – Minnesota Statutes Chapter 501A; Drafting Considerations Under the Uniform Rule; Effective Dates for USRAP in Minnesota; The Uniform Statutory Rule Against Perpetuities and “Grandfathering” Regulations of the Federal Generation-Skipping Transfer Tax
– AmyAnn W. Mursu

CHAPTER 9
Trustees’ Duties, Powers, and Liabilities
Overview of a Trustee’s Powers and Duties Relating to the Administration of the Trust; Specific Powers of Trustee; Specific Duties of Trustee; Delegation of Duties; Liability to Parties Other Than Trust Beneficiaries; A Beneficiary’s Remedies for Breach of Trust; Limitation of Liability; Appendix A – Institutional Names for Legal Document Usage
– Christopher J. Burns, Terri Lindfors, Maria D. Pitner & Lloyd Stern

CHAPTER 10
Investment of Trust Assets
Introduction; Historic Overview; Modern Portfolio Theory; The Prudent Investor Rule; Managing the Trust Portfolio
– Julie A. Westbrock & Ryan Bergan

CHAPTER 11
Minnesota Uniform Principal and Income Act
The Trustee’s Duty of Impartiality; The Minnesota Uniform Principal and Income Act; Trustee Duties as to Classifying Receipts and Expenditures; When Rights to Income Arise and Terminate; Distributions From Decedent’s Estate (and Trusts); Entity Distributions; Bond Premium/Discount; Sole Proprietorships; Natural Resources (Except Timber); Timber; Annuities, Employment Distributions, Other Property Subject to Depletion; The Trustee’s Power to Adjust; Charges Against Income and Principal
– Terry L. Slye & Andrew M. Baese

CHAPTER 12
Discretionary Distributions and Terminations
Introduction; Sources of Applicable Law; The Intent of the Settlor; Distribution Standards; Documentation and Distribution Process; Considering the Beneficiary’s Other Resources; Duty of Impartiality; Miscellaneous Issues in Connection with Discretionary Distributions; Unauthorized Distributions; Judicial Review
– Joel A. Sommers

CHAPTER 13
Real Estate Issues
Real Estate; Environmental Liability; The Minnesota Corporate Farm Act; Appendix A – Minnesota Statutes Section 501C.1013 Certificate of Trusts; Appendix B – Minnesota Statutes Section 501C.1014 Affidavit of Trustee in Real Property Transactions; Appendix C – Form No. 37-M: Trustee’s Deed by Individual(s); Appendix D – Form No. 38-M: Trustee’s Deed by Individual to Joint Tenants; Appendix E – Form No. 39-M: Trustee’s Deed by Corporation; Appendix F – Form No 40-M: Trustee’s Deed by Corporation to Joint Tenants; Appendix G – Minnesota Uniform Conveyancing Blank Form 90.1.1 Certificate of Trust; Appendix H – Affidavit of Trustee (Inter Vivos Trust); Appendix I – Affidavit of Trustee (Testamentary Trust)
– Christopher B. Hunt, Brandon Edmundson & Joseph Maternowski

CHAPTER 14
Federal and State Income Taxation of Trusts
Introduction; Trusts as Separate Taxpayers; Fiduciary Income Tax Preliminaries; Distributable Net Income; Taxation of Simple Trusts; Taxation of Complex Trusts; Fiduciary Income Tax Calculation; Tax Planning for Trust Distributions; Subchapter S Trusts; Grantor Trust Rules and Planning for Use of Defective Trusts
– John R. Bedosky

CHAPTER 15
Court Jurisdiction and Procedure
Overview; Court Proceedings; Court Supervision; Specific Actions
– Tessa R. Mielke & Jesse Sheedy

CHAPTER 16
Post-Death Distributions from Retirement Accounts
Estate Planner’s Guide to the SECURE Act; Definitions; Special Lifetime Distribution Rules; Distribution Options; Distribution Options if Account Owner Dies On or After the RBD and the Following Person(s) is the Beneficiary; Fiduciary Income Tax Return Issues Including Distributable Net Income Deduction; More Examples and Options; Appendix A – Table I – Single Life Expectancy Table, Table III – Uniform Lifetime Table, and Joint and Last Survivor Table; Appendix B – Example of NUA Account Statement
– Bryan Jamison, Courtney Sebo Savica & Mark Utz

CHAPTER 17
Directed Trusts
Directed Trusts; Definitions; Powers of Investment Trust Advisor; Powers of Distribution Trust Advisor; Powers of Trust Protector; Fiduciary Duties and Standards; Excluded Fiduciary
– Michael P. Sampson & Jason W. Schuller

CHAPTER 18
Decanting
Introduction; Decanting Defined and Legal Basis for Decanting; Is Decanting the Right Choice?; When to Decant; How to Decant; Restrictions on Exercise of Decanting Power; Method of Decanting; Virtual Representation; Trustee Liability; Tax Considerations; Other Non-Tax Considerations; The Other Side – How to Advise Individuals Wanting to Restrict Flexibility; The Future of Trust Decanting in Minnesota
– Caitlin E. Abram

CHAPTER 19
eFormbook Forms, Optional Paragraphs, and Trust Companies
Part A: eFormbook Forms and List of Major County Headings; Part B: Optional Paragraphs; Part C: Trust Institutions – Minnesota, History of Bank Mergers and Name Changes
– Todd Andrews, Richard L. Baum & Jacqueline M. Schuh

Table of Authorities
Subject Index

  • T-001 Notice and Order for Hearing Pursuant to Minn. Stat. § 501C.0203
  • T-002 Appearance and Waiver of Rights Under Service Members Civil Relief Act
  • T-003 Waiver of Notice by Publication
  • T-004 Waiver of Notice and Hearing by Qualified Beneficiary and Trustee
  • T-005 Notice of Filing Order
  • T-006 Affidavit of Service Notice and Order for Hearing
  • T-007 Affidavit of Mailing Annual Account
  • T-009 Affidavit of [Name of Attorney] for Attorney Fees
  • T-010 Appointment of Successor Trustee and Resignation of Trustee
  • T-011 Acceptance of Appointment of Successor Individual Trustee
  • T-012 Acceptance of Appointment of Court Appointed Trustee and Oath by Individual
  • T-013 Acceptance of Appointment of Court Appointed Trustee and Oath by Corporation
  • T-016 Petition for Order Confirming Appointment of Trustee Pursuant to Minn. Stat. § 501C.0205
  • T-017 Order Confirming Appointment of Trustee Pursuant to Minn. Stat. § 501C.0205
  • T-020 Petition for Order Appointing Guardian ad Litem
  • T-021 Consent to Act as Guardian ad Litem and Oath
  • T-022 Order Appointing Guardian ad Litem
  • T-048 Trust Inventory
  • T-050 Trustee’s Annual Account
  • T-051 Individual Trustee Verification
  • T-052 Corporate Trustee Verification
  • T-053 Approval of Accounts and Release of Trustee
  • T-060 Notice of Crummey Withdrawal Rights
  • T-061 Cover Letter Termination of Trust
  • T-062 Opinion of Trust Counsel: Mortgage Deed and Trust on Trust Property
  • T-064 Receipt of Assets by Distributee and Release
  • T-065 Consent to Petition to ________ and Waiver of Notice of Time and Place for Hearing
  • T-066 Consent to Final Account and Waiver of Notice and Hearing
  • T-068 Attorney Acknowledgement
  • T-100 Petition for _____ Pursuant to Minn. Stat. § 501C.0202
  • T-102 Order for __________________ Pursuant to Minn. Stat. § 501C.0202
  • T-105 Petition to Allow Account Dated _____ Pursuant to Minn. Stat. § 501C.0202
  • T-107 Order Allowing Account Dated _____ Pursuant to Minn. Stat. § 501C.0202
  • T-110 Petition to Allow Trustee’s Annual Accounts Pursuant to Minn. Stat. § 501C.0202
  • T-112 Order Allowing Trustee’s Annual Accounts Pursuant to Minn. Stat. § 501C.0202
  • T-113 Petition to Terminate Trust and Discharge Trustee Without Approval of Final Account
  • T-114 Order Terminating Trust and Discharging Trustee Without Approving Final Account
  • T-120 Petition to Terminate Trust, Discharge and Release Trustee, and Approve Final Account
  • T-121 Order Terminating Trust, Discharging and Releasing Trustee, and Approval of Final Account and Decree
  • T-124 Petition to Remove/Accept Resignation of Trustee, Allow Accounts Discharge of Trustee, and for Appointment of Successor Trustee Pursuant to MINN. STAT. § 501C.0202
  • T-125 Order Removing/Accepting the Resignation of Trustee, Allowing Accounts, Discharging Trustee, and Appointing Successor Trustee Pursuant to MINN. STAT. § 501C.0202
  • T-126 Petition to Remove/Accept The Resignation of Trustee, and for Appointment Of Successor Trustee Pursuant to MINN. STAT. § 501C.0202
  • T-127 Order Removing/Accepting the Resignation of Trustee, and Appointing Successor Trustee Pursuant to MINN. STAT. § 501C.0202
  • T-200 Petition to _____ Pursuant to MINN. STAT. § 501B.31
  • T-201 Notice and Order for Hearing Pursuant to MINN. STAT. § 501B.31
  • T-202 Order for _______ Pursuant to MINN. STAT. § 501B.31
  • T-210 Petition to Sell, Mortgage or Lease Real Property
  • T-211 Notice and Order for Hearing
  • T-212 Order to Sell, Mortgage or Lease Real Property
  • T-220 Petition by Owner of Interests in Real Property to Sell, Mortgage, or Lease Property Pursuant to MINN. STAT. § 501B.47
  • T-221 Consent to Sell, Mortgage or Lease Real Property Pursuant to MINN. STAT. § 501B.47
  • T-222 Notice and Order for Hearing Pursuant to MINN. STAT. § 501B.47
  • T-223 Order to Sell, Mortgage, or Lease Real Property and Appointing Receiver Pursuant to MINN. STAT. § 501B.47 & 501B.51
  • T-224 Acceptance of Appointment by Receiver
  • T-225 Report by Receiver Pursuant to MINN. STAT. § 501B.51(2)(b)
  • T-226 Notice and Order for Hearing to Confirm Agreement Pursuant to MINN. STAT. § 501B.53
  • T-227 Order Confirming the Agreement to Sell, Mortgage, or Lease Property Pursuant to MINN. STAT. § 501B.53
  • T-230 Petition to Terminate Trust and Discharge Trustee
  • T-231 Notice and Order for Hearing Pursuant to MINN. STAT. § 501B.31
  • T-232 Order Terminating Trust and Discharging Trustee
  • T-234 Petition to Substitute Charitable Beneficiary/Change Purpose of Trust
  • T-235 Order to Substitute Charitable Beneficiary/Change Purpose of Trust
  • T-300 Certificate of Trust
  • T-304 Affidavit of Trustee (Inter Vivos Trust)
  • T-305 Affidavit of Trustee (Testamentary Trust)
  • T-306 Affidavit of Trustee (Business Entity Trustee)
  • T-307 Affidavit of Custodian
  • T-311 Quit Claim Deed: Individual to Trustee
  • T-312 Trustee Deed: Individual Trustees to Individual(s)
  • T-315 Deed of Sale: By Business Entity Trustee to Individuals
  • T-320 Consent of Spouse: Trustee’s Dead of Sale
  • T-400 Petition to Approve Appointment of Assets
  • T-401 Exercise of Power to Appoint Assets
  • T-404 Order Approving Appointment of Assets
  • T-405 Nonjudicial Settlement Agreement
  • T-406 Modification of Trust by Consent
  • T-407 Termination of Trust by Consent
  • Trust Creation and Administration Checklist 
  • Overview of Trust Modification Chart 
  • Sample Instruction Letter Regarding Transfer of Mutual Fund Accounts
  • Sample Letter From Settlor to Trustee Regarding Delivery of Deed with Trustee Receipt
  • Affidavit of Delivery
  • Sample Appointment of Successor Trustee
  • Request to Reissue United States Savings Bonds to a Personal Trust
  • Affidavit of Trustee
  • Election to Treat a Qualified Revocable Trust as Part of an Estate
  • Waiver of Accounting and Release
  • Consent to Final Account and Plan of Division and Release
  • Plan of Division and Proposed Plan of Distribution
  • Trust Comparison Chart
  • Institutional Names for Legal Document Usage
  • Minnesota Statutes Section 501C.1013 Certificate of Trusts
  • Minnesota Statutes Section 501C.1014 Affidavit of Trustee in Real Property Transactions
  • Form No. 37-M: Trustee’s Deed by Individual(s)
  • Form No. 38-M: Trustee’s Deed by Individual to Joint Tenant
  • Form No. 39-M: Trustee’s Deed by Corporation
  • Form No 40-M: Trustee’s Deed by Corporation to Joint Tenants
  • Minnesota Uniform Conveyancing Blank Form 90.1.1 Certificate of Trust
  • Affidavit of Trustee (Inter Vivos Trust)
  • Affidavit of Trustee (Testamentary Trust)
  • Table I Single Life Expectancy Table, Table III Uniform Lifetime Table, and Joint and Last Survivor Table
  • Example of NUA Account Statement

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