2006 Minnesota Statutes

501B.16 PETITION FOR COURT ORDER.
A trustee of an express trust by will or other written instrument or a person interested in the
trust may petition the district court for an order:
(1) to confirm an action taken by a trustee;
(2) upon 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 fees, attorneys' fees, accountants' 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;
(8) to require a trustee to account;
(9) to remove a trustee for cause; or if the court finds that removal of the trustee best serves
the interests of all of the beneficiaries, is not inconsistent with a material purpose of the trust, and
one or more of the following elements is found:
(i) the trustee has committed a serious breach of trust;
(ii) lack of cooperation among cotrustees substantially impairs the administration of the trust;
(iii) the unfitness, unwillingness, or persistent failure of the trustee to administer the trust
effectively;
(iv) there has been a substantial change of circumstances; or
(v) removal is requested by all of the beneficiaries not under disability who, on the date the
petition is signed, either are current permissible distributees of trust income or principal, or would
be permissible distributees of trust income or principal if the trust terminated on that date;
(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 confirm an act performed in execution of the trust by a person while there was no
acting trustee;
(12) to subject a trust to continuing court supervision under section 501B.23;
(13) to remove a trust from continuing court supervision under section 501B.23;
(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;
(17) to determine the validity of a disclaimer filed under section 501B.86;
(18) to change the situs of a trust;
(19) to redress a breach of trust;
(20) to terminate a trust;
(21) to divide a trust under section 501B.15;
(22) to merge two or more trusts under section 501B.15; or
(23) to instruct the trustee, beneficiaries, and any other interested parties in any matter
relating to the administration of the trust and the discharge of the trustee's duties.
History: 1989 c 340 art 1 s 13; 1995 c 130 s 3; 2004 c 146 art 1 s 6