Title 59, Trusts
28 chapters · 197 sections in this title.
N.D.C.C. § 59-08-01 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Individual with a disability" means an individual who, before creation of a third-party special needs trust or a self-settled special needs trust for that individual's benefit, is considered to be an individual w…
N.D.C.C. § 59-08-02 Third-party special needs trusts under state law
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1. A third-party special needs trust must provide for the living expenses and other needs of an individual with a disability when publicly funded benefits are not sufficient to provide adequately for those needs. A third-party special needs trust must limit distributions in a man…
N.D.C.C. § 59-08-03 Self-settled special needs trusts
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The district court may authorize the creation and funding of self-settled special needs trusts.
N.D.C.C. § 59-08-04 Interpretation or enforcement - Reformation - Unenforceable trust provisions
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1. This chapter does not require the submission of a third-party special needs trust or a self-settled special needs trust to a court for interpretation or enforcement. 2. A third-party special needs trust may not disqualify a recipient of publicly funded benefits solely because …
N.D.C.C. § 59-08-05 Conflicts with other chapters
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If any provision of this chapter conflicts with chapter 59-09, 59-10, 59-11, 59-12, 59-13, 59-14, 59-15, 59-16, 59-17, 59-18, or 59-19, the provision of this chapter takes precedence.