Minnesota Statutes 524.2-1113 – Disclaimer of Power Held in Fiduciary Capacity
Current as of: 2023 | Check for updates
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(a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
Terms Used In Minnesota Statutes 524.2-1113
- Fiduciary: A trustee, executor, or administrator.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
(b) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.
(c) A disclaimer under this section is effective as to another fiduciary if:
(1) the disclaimer so provides; and
(2) the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.