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North Dakota Century Code Title 59. Trusts § 59-11-03. Representation by fiduciaries and parents

Current as of January 01, 2024 | Updated by FindLaw Staff

To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:

1. A conservator may represent and bind the estate that the conservator controls to the extent of the powers and authority conferred upon conservators generally or by court order.

2. A guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed to the extent of the powers and authority conferred upon guardians generally or by court order.

3. An agent under a power of attorney or having other written authority to act with respect to the particular question or dispute may represent and bind the principal.

4. A trustee may represent and bind the beneficiaries of the trust.

5. A personal representative of a decedent's estate may represent and bind persons interested in the estate.

6. A parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed. If a disagreement arises between parents seeking to represent the same minor child:

a. The parent who is a beneficiary of the trust that is the subject of the representation is entitled to represent the minor child;

b. If both parents are beneficiaries of the trust that is the subject of the representation, the parent who is a lineal descendant of the settlor is entitled to represent the minor child;

c. If neither parent is a beneficiary of the trust that is the subject of the representation, the parent who is a lineal descendant of the settlor is entitled to represent the minor child; and

d. If neither parent is a beneficiary or a lineal descendant of the settlor of the trust that is the subject of the representation, a guardian ad litem must be appointed to represent the minor child.

7. A person may represent and bind that person's unborn issue.

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Cite this article: FindLaw.com - North Dakota Century Code Title 59. Trusts § 59-11-03. Representation by fiduciaries and parents - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-59-trusts/nd-cent-code-sect-59-11-03/

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