Irrevocable Special Needs Trust of Dana K. Magnusson
Court File No. 62-TR-CV-14-13
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SECOND NOTICE AND ORDER FOR HEARING
PURSUANT TO MINN. STAT. § 501C.0203
____________State of Minnesota, County of Ramsey, District Court, Second Judicial District, Probate Division
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In Re: the Irrevocable Special Needs Trust of Dana K. Magnusson
____________A Petition for Order Allowing Trustee's Accounts, Accepting Resignation of Trustee, Discharging the Trustee and her Surety, and Confirming Appointment of Successor Trustee, Pursuant to Minnesota Statutes § 501C.0203, signed by Jullene Z. Kallas, dated October 17, 2025, has been filed with the court. The Petition requests an order for the following relief:
1. Designating the time and place when it will examine said accounts for the period of March 5, 2023 to March 5, 2025 and Final Account from March 5, 2025 to September 25, 2025, and when the persons in interest may be heard upon the matter set forth in this Petition;
2. Specifying the manner of service of notice of said hearing;
3. That at such designated time and place, this Court then makes its further Order:
a. settling, approving and allowing said accounts;
b. approving the acts of the Trustee;
c. approving distribution of the Trust assets;
d. approving payment of Trustee's fees;
e. approving payment of attorney's fees;
f. approving the Resignation of Jullene Z. Kallas; and
g. appointing Fiduciary Foundation, LLC as Successor Trustee.
4. For such further relief as the Court may deem just and equitable. . Now, therefore, the Court issues the following notice and order:
ORDER
1. The Petition will be heard remotely on December 9, 2025, at 9:30 a.m. by this court. A Notice of Hearing with Zoom instructions will issue separately from this order. If anyone objects to the relief sought, they may appear in person at the hearing, or file a written objection with the court administrator prior to the hearing date. Written objections can be mailed with the applicable filing fee to: Ramsey County District Court, Room 170, 15 W. Kellogg Boulevard, St. Paul, MN 55102, or electronically filed in the electronic filing system.
2. The Trustee's accounting must include details as described below. The Trustee's accounting cannot simply include copies of bank statements. Accounting must include
a. an inventory of trust assets and the value of those assets at the beginning of the accounting period;
b. additions to the trust during the accounting period and the source of those additions;
c. itemized distributions from the trust during the accounting period, including the purpose of the distributions and to whom the distributions were made;
d. an inventory of trust assets and the value of those assets at the end of the accounting period; and
e. changes to the trust instrument, if any, during the accounting period.
3. If the Trustee's current accounting does not comply with the requirements listed above, an amended accounting must be submitted no later than 15 days prior to the hearing.
4. The Trustee must provide notice to interested persons by mailing a copy of
a. This Order,
b. The Notice of Hearing,
c. The Petition, and
d. The accounting and amended accounting, if any.
5. Interested persons include but are not limited to:
a. The Department of Human Services
Attn: SRU, Katrina Pierce
P.O. Box 64995
St. Paul, MN 55164-0995,
b. The beneficiary's case worker and/or social worker, if any, and
c. Any other adult person or entity that provides for the care, comfort, and education of the beneficiary.
6. Service must occur at least 15 days prior to the hearing date. Proof of service must be filed with the Court prior to the hearing date.
7. Publication pursuant to Minnesota Statutes § 501C.0203 is waived.
8. No filing or motion fees should be assessed to the Department of Human Services.
9. The Trustee's failure to comply with this order may result in sanctions, including but not limited to, denial of the Petition, removal as Trustee, cancellation of hearing, and contempt of court.
Dated: October 23, 2025BY THE COURT
STEPHEN SMITH
Judge of District Court
RECOMMENDED BY
Elizabeth Wendt
RefereeTrustee's Attorney:
Randy F. Boggio
Attorney ID No. 16379X
EVERBRIGHT LEGACY LAW PLLC
6601 Lyndale Avenue South, Suite 320
Richfield, MN 55423
Phone: (952) 952-4147
Email: rboggio@everbrightlegacy.com(November 3)
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