North Dakota Code 59-10.1-05 – Distributions by trustee – Return of distribution determined to be invalid
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1. The trustee may proceed to distribute the trust property in accordance with the terms of the trust. This distribution may be made without liability unless the trustee has actual knowledge of a pending proceeding to contest the validity of the trust, or is notified by a potential contestant of a possible contest, followed by service of process upon the trustee for that proceeding within thirty days of the notification of a possible contest.
Terms Used In North Dakota Code 59-10.1-05
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Service of process: The service of writs or summonses to the appropriate party.
- Trustee: A person or institution holding and administering property in trust.
2. The court may order the revocation of a distribution made under the authority of a trust or amendment that is subsequently determined to be invalid and may order the recipient of an invalid distribution to return the distribution.