North Dakota § 59-16.1-11 Subsequently discovered assets

North Dakota Statutes

§ 59-16.1-11 — Subsequently discovered assets

North Dakota § 59-16.1-11

Title 59Trusts, Uses, and Powers

Ch. 59-16.1Trust Decanting

This text of North Dakota § 59-16.1-11 (Subsequently discovered assets) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 59-16.1-11 (2026).

Text

Unless the authorized trustee provides otherwise:

1.The appointment of all the assets comprising the principal of the invaded trust to an appointed trust must include subsequently discovered assets of the invaded trust and undistributed principal of the invaded trust acquired after the appointment to the appointed trust; and

2.The appointment of part but not all of the assets comprising the principal of the invaded trust to an appointed trust may not include subsequently discovered assets belonging to the invaded trust and principal paid to or acquired by the invaded trust after the appointment to the appointed trust. These assets must remain the assets of the invaded trust.

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Unless the authorized trustee provides otherwise:
1. The appointment of all the assets comprising the principal of the invaded trust to an
appointed trust must include subsequently discovered assets of the invaded trust and
undistributed principal of the invaded trust acquired after the appointment to the
appointed trust; and
2. The appointment of part but not all of the assets comprising the principal of the
invaded trust to an appointed trust may not include subsequently discovered assets
belonging to the invaded trust and principal paid to or acquired by the invaded trust
after the appointment to the appointed trust. These assets must remain the assets of
the invaded trust.