reglab/housing_qa huggingface dataset:
KS Stat § 58a-417 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 4 - Creation, Validity, Modification, And Termination Of Trust|58a-417 Combination and division of trusts.

58a-417. Combination and division of trusts. (a) After notice to the qualified beneficiaries, a trustee may combine two or more trusts into a single trust or divide a trust into two or more separate trusts, if the result does not impair rights of any beneficiary or adversely affect achievement of the purposes of the trust. The terms of each new trust created by a division under this section do not have to be identical if the interest of each beneficiary is substantially the same under the terms of the trust prior to its division and the combined terms of all trusts after the division. Two or more trusts may be combined into a single trust if the interests of each beneficiary in the trust resulting from the combination are substantially the same as the combined interests of the beneficiary in the trusts prior to the combination. The trustee shall determine the terms controlling any trust after its combination as authorized by this section. The trustee may make a division under this section by:(1) Giving written notice of the division, not later than the 30th day before the date of a division under this subsection, to each qualified beneficiary; and(2) executing a written instrument, acknowledged before a notary public or other person authorized to take acknowledgments of conveyances of real estate stating that the trust has been divided pursuant to this section and that the notice requirements of this subsection have been satisfied.(b) A trustee, in the written instrument dividing a trust, shall allocate trust property among the separate trusts on a fractional basis by identifying the assets and liabilities passing to each separate trust, or on any other reasonable basis. The trustee shall allocate undesignated trust property received after the trustee has divided the trust into separate trusts in the manner provided by the written instrument dividing the trust, or, in the absence of a provision in the written instrument, in a manner determined by the trustee.(c) The trustee may combine two or more trusts under this section by:(1) Giving a written notice of the combination, not later than the 30th day before the effective date of the combination, to each qualified beneficiary; and(2) executing a written instrument, acknowledged before a notary public or other person authorized to take acknowledgments of conveyances of real estate stating that the trust has been combined pursuant to this section and that the notice requirements of this subsection have been satisfied.(d) The trustee may divide or combine a testamentary trust after the will establishing the trust has been admitted to probate, even if the trust will not be funded until a later date. The trustee may divide or combine any other trust before it is funded if the instrument establishing the trust is not revocable at the time of the division or combination.History: L. 2002, ch. 133, § 38; L. 2006, ch. 23, § 7; July 1.
KS Stat § 58a-418 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 4 - Creation, Validity, Modification, And Termination Of Trust|58a-418 Reference to written statement or list.

58a-418. Reference to written statement or list. A trust instrument which establishes an inter vivos trust and which directs the trustee to distribute trust assets may refer to a separate written statement or list of items of personal property, other than money, evidences of debt, documents of title, securities, and properties used in trade or business, which are assets of the trust estate, and may direct the trustee to make distribution of such items as indicated in the written statement or list. The trustee may distribute such items in accordance with the written statement or list. Such written statement or list either must be in the handwriting of the settlor or be signed by the settlor, and must describe the items with reasonable certainty. The writing may be referred to in the trust instrument as one to be in existence at the time of the settlor's death, prepared before or after execution of the trust instrument, and altered by the settlor after its preparation. Transfer of items of personal property pursuant to this section shall not be considered testamentary or be invalidated due to nonconformity with the provisions of chapter 59 of the Kansas Statutes Annotated, and amendments thereto.History: L. 2002, ch. 133, § 39; Jan. 1, 2003.
KS Stat § 58a-501 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 5 - Creditor's Claims; Spendthrift And Discretionary Trusts|58a-501 Rights of beneficiary's creditor or assignee.

58a-501. Rights of beneficiary's creditor or assignee. To the extent a beneficiary's interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to such relief as is appropriate under the circumstances.History: L. 2002, ch. 133, § 40; L. 2006, ch. 23, § 8; July 1.
KS Stat § 58a-502 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 5 - Creditor's Claims; Spendthrift And Discretionary Trusts|58a-502 Spendthrift provision.

58a-502. Spendthrift provision. (a) A spendthrift provision is valid.(b) A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust," or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest.(c) A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this article, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.(d) Except as provided in subsection (e), irrespective of whether the trust has a spendthrift provision, a creditor of a beneficiary may not compel a distribution to a beneficiary that is subject to the trustee's discretion, even if: (1) The standard of distribution is expressed in the form of a standard; and (2) the trustee has abused the trustee's discretion.(e) If a beneficiary is or was serving as sole trustee and the standard of distribution with respect to such beneficiary is not in the form of an ascertainable standard relating to such beneficiary's health, education, support or maintenance, a creditor shall have the right to: (1) Compel any distribution the beneficiary, while serving as sole trustee, either is presently authorized to make to such beneficiary or was authorized to make to such beneficiary and did not make; and (2) attach such beneficiary's beneficial interest in the trust with respect to any present or future discretionary distributions to such beneficiary, in the absence of a spendthrift provision precluding such attachment.(f) This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.History: L. 2002, ch. 133, § 41; L. 2004, ch. 158, § 7; L. 2014, ch. 41, § 1; July 1.
KS Stat § 58a-505 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 5 - Creditor's Claims; Spendthrift And Discretionary Trusts|58a-505 Creditor's claim against settlor.

58a-505. Creditor's claim against settlor. (a) Except as provided by K.S.A. 33-101 et seq. and 33-201 et seq., and amendments thereto, whether or not the terms of a trust contain a spendthrift provision, the following rules apply:(1) During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors.(2) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit. If a trust has more than one settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution.(3) After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities will be paid, the property of a trust that was revocable at the settlor's death is subject to claims of the settlor's creditors, costs of administration of the settlor's estate, the expenses of the settlor's funeral and disposal of remains, the homestead, homestead allowance, the elective share rights of the surviving spouse pursuant to K.S.A. 59-6a209, and amendments thereto, and statutory allowance to a surviving spouse and children to the extent the settlor's probate estate is inadequate to satisfy those claims, costs, expenses, and allowances.(b) For purposes of this section:(1) During the period the power may be exercised, the holder of a power of withdrawal is treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power;(2) upon the lapse, release, or waiver of the power, the holder is treated as the settlor of the trust only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in section 2041(b)(2) or 2514(e) of the federal internal revenue code of 1986, as in effect on December 31, 2002; or section 2503(b) of the federal internal revenue code of 1986, as in effect on December 31, 2002; and(3) this subsection shall not apply to the lapse of powers held by the spouse of a person occurring upon the death of such person.History: L. 2002, ch. 133, § 42; L. 2004, ch. 158, § 8; July 1.
KS Stat § 58a-506 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 5 - Creditor's Claims; Spendthrift And Discretionary Trusts|58a-506 Mandatory distribution.

58a-506. Mandatory distribution. (a) As used in this section, "mandatory distribution" means a distribution of income or principal which the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. The term excludes a distribution subject to the exercise of the trustee's discretion whether or not the terms of the trust: (1) Include a support or other standard to guide the trustee in making distribution decisions; or (2) provide that the trustee "may" or "shall" make discretionary distributions, including distributions pursuant to a support or other standard.(b) Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal, including a distribution upon termination of the trust, if the trustee has not made the distribution to the beneficiary within a reasonable time after the mandated distribution date.History: L. 2002, ch. 133, § 43; L. 2006, ch. 23, § 9; July 1.
KS Stat § 58a-507 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 5 - Creditor's Claims; Spendthrift And Discretionary Trusts|58a-507 Personal obligations of trustee.

58a-507. Personal obligations of trustee. Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.History: L. 2002, ch. 133, § 44; Jan. 1, 2003.
KS Stat § 58a-601 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 6 - Revocable Trusts|58a-601 Capacity of settlor of revocable trust.

58a-601. Capacity of settlor of revocable trust. The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.History: L. 2002, ch. 133, § 45; Jan. 1, 2003.
KS Stat § 58a-602 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 6 - Revocable Trusts|58a-602 Revocation or amendment of revocable trust.

58a-602. Revocation or amendment of revocable trust. (a) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before January 1, 2003.(b) If a revocable trust is created or funded by more than one settlor:(1) To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses;(2) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution; and(3) upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.(c) The settlor may revoke or amend a revocable trust:(1) By substantial compliance with a method provided in the terms of the trust; or(2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by:(A) A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or(B) any other method manifesting clear and convincing evidence of the settlor's intent.(d) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.(e) A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an attorney in fact under a power of attorney only to the extent expressly authorized by the power of attorney.(f) A conservator of the settlor may exercise a settlor's powers with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the conservatorship.(g) A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.History: L. 2002, ch. 133, § 46; L. 2003, ch. 58, § 17; L. 2004, ch. 158, § 9; July 1.
KS Stat § 58a-603 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 6 - Revocable Trusts|58a-603 Settlor's powers; powers of withdrawal; incapacitation of settlor; hearing.

58a-603. Settlor's powers; powers of withdrawal; incapacitation of settlor; hearing. (a) While a trust is revocable, the duties of the trustee are owed exclusively to the settlor.(b) During the period a power of withdrawal may be exercised, the holder of the power has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.(c) (1) If a settlor of a revocable trust is or becomes an incapacitated person, on petition of the settlor's legal representative, an adult member of the settlor's family or any interested person, including a person interested in the welfare of the settlor, for good cause shown, the court may: Order the trustee to exercise or refrain from exercising the trustee's authority in a manner inconsistent with the trustee's fiduciary responsibilities under the provisions of the trust; remove the trustee; require the trustee to account; and issue such other orders as the court finds will be in the best interests of the settlor.(2) (A) The court may require any person petitioning for any such order to file a bond in such amount and with such sureties as required by the court to indemnify either the trustee or the trust estate for the expenses, including attorney fees, incurred with respect to such proceeding.(B) None of the actions described in this section shall be taken by the court until after hearing upon reasonable notice to the trustee, the settlor, and any legal representative of the settlor, such as a conservator or attorney-in-fact under a durable power of attorney authorizing the attorney-in-fact to act on the behalf of the settlor in such matters.(C) If there is no legal representative of the settlor, the court shall appoint a guardian ad litem to represent the settlor in such proceeding.(D) In the event of an emergency as determined by the court, the court, without notice, may enter such temporary order as seems proper to the court, but no such temporary order shall be effective for more than 30 days unless extended by the court after hearing on reasonable notice to the persons identified as herein provided.History: L. 2002, ch. 133, § 47; L. 2004, ch. 158, § 10; L. 2006, ch. 23, § 10; July 1.
KS Stat § 58a-604 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 6 - Revocable Trusts|58a-604 Limitation on action contesting validity of revocable trust; distribution of trust property.

58a-604. Limitation on action contesting validity of revocable trust; distribution of trust property. (a) A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of:(1) One year after the settlor's death; or(2) four months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding.(b) Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:(1) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or(2) a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.(c) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.History: L. 2002, ch. 133, § 48; Jan. 1, 2003.
KS Stat § 58a-701 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 7 - Office Of Trustee|58a-701 Accepting or declining trusteeship.

58a-701. Accepting or declining trusteeship. (a) Except as otherwise provided in subsection (c), a person designated as trustee accepts the trusteeship:(1) By substantially complying with a method of acceptance provided in the terms of the trust; or(2) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.(b) A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is deemed to have rejected the trusteeship.(c) A person designated as trustee, without accepting the trusteeship, may:(1) Act to preserve the trust property if, within a reasonable time after acting, the person sends a rejection of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary; and(2) inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.History: L. 2002, ch. 133, § 49; Jan. 1, 2003.
KS Stat § 58a-702 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 7 - Office Of Trustee|58a-702 Trustee's bond.

58a-702. Trustee's bond. (a) A trustee shall give bond to secure performance of the trustee's duties unless otherwise waived or modified by the terms of the trust.(b) The court may specify the amount of a bond, its liabilities, and whether sureties are necessary. The court may modify or terminate a bond at any time.(c) A regulated financial-service institution qualified to do trust business in this state need not give bond, even if required by the terms of the trust.History: L. 2002, ch. 133, § 50; Jan. 1, 2003.
KS Stat § 58a-703 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 7 - Office Of Trustee|58a-703 Cotrustees.

58a-703. Cotrustees. (a) Cotrustees who are unable to reach a unanimous decision may act by majority decision.(b) If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.(c) A cotrustee must participate in the performance of a trustee's function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law, or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another trustee.(d) If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.(e) A trustee may not delegate to a cotrustee the performance of a function the settlor reasonably expected the trustees to perform jointly. Unless a delegation was irrevocable, a trustee may revoke a delegation previously made.(f) Except as otherwise provided in subsection (g), a trustee who does not join in an action of another trustee is not liable for the action.(g) Each trustee shall exercise reasonable care to:(1) Prevent a cotrustee from committing a breach of trust; and(2) compel a cotrustee to redress a breach of trust.(h) A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified any cotrustee of the dissent, in writing, at or before the time of the action is not liable for the action.History: L. 2002, ch. 133, § 51; Jan. 1, 2003.
KS Stat § 58a-704 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 7 - Office Of Trustee|58a-704 Vacancy in trusteeship; appointment of successor.

58a-704. Vacancy in trusteeship; appointment of successor. (a) A vacancy in a trusteeship occurs if:(1) A person designated as trustee rejects the trusteeship;(2) a person designated as trustee cannot be identified or does not exist;(3) a trustee resigns;(4) a trustee is disqualified or removed;(5) a trustee dies; or(6) a guardian or conservator is appointed for an individual serving as trustee.(b) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.(c) A vacancy in a trusteeship of a noncharitable trust that is required to be filled must be filled in the following order of priority:(1) By a person designated in the terms of the trust to act as successor trustee;(2) by a person appointed by unanimous agreement of the qualified beneficiaries; or(3) by a person appointed by the court.(d) A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority:(1) By a person designated in the terms of the trust to act as successor trustee;(2) by a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust if the attorney general concurs in the selection; or(3) by a person appointed by the court.(e) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.History: L. 2002, ch. 133, § 52; Jan. 1, 2003.