§ 30.1-20-15 — (3-915) Distribution to person under disability

North Dakota § 30.1-20-15

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-20: Special Provisions Relating to Distribution

Text

1. A personal representative may discharge the personal representative's obligation to
distribute to any person under legal disability by distributing in a manner expressly
provided in the will.
2. Unless contrary to an express provision in the will, the personal representative may
discharge the personal representative's obligation to distribute to a minor or to a
person under other disability by distributing to the distributor's attorney in fact. If the
personal representative knows that a conservator has been appointed or that a
proceeding for appointment of a conservator is pending, the personal representative is
authorized to distribute only to the conservator.
3. If the heir or devisee is under disability other than minority, the personal representative
is authorized to distribute to any of the following:
a. An attorney in fact who has authority under a power of attorney to receive
property for that person.
b. The spouse, parent, or other close relative with whom the person under disability
resides, if the distribution is of an amount or value not exceeding ten thousand
dollars per year, unless the court authorizes a larger amount or greater value.
Persons receiving money or property for a disabled person are obligated to apply the
money or property to the support of that person, but may not pay themselves except
by way of reimbursement for out-of-pocket expenses for goods and services
necessary for the support of the disabled person. Excess sums must be preserved for
future support of the disabled person. The personal representative is not responsible
for the proper application of money or property distributed under this subsection.