N.D. Cent. Code § 30.1-20-15

Current through 2023 Legislative Sessions
Section 30.1-20-15 - (3-915) Distribution to person under disability
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.

N.D.C.C. § 30.1-20-15