reglab/housing_qa huggingface dataset:
KS Stat § 58a-1008 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee|58a-1008 Exculpation of trustee.

58a-1008. Exculpation of trustee. (a) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that it:(1) Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or(2) was inserted as the result of an abuse by the trustee of a fiduciary or confidential relationship to the settlor.(b) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless the:(1) Trustee proves that the exculpatory term is fair under the circumstances and that its existence and contents were adequately communicated to the settlor; or(2) the settlor was represented by an attorney not employed by the trustee with respect to the trust and such attorney has reviewed the exculpatory term and provided independent legal advice regarding such term.History: L. 2002, ch. 133, § 83; L. 2006, ch. 23, § 13; July 1.
KS Stat § 58a-1009 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee|58a-1009 Beneficiary's consent, release, or ratification.

58a-1009. Beneficiary's consent, release, or ratification. A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:(1) The consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or(2) at the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach.History: L. 2002, ch. 133, § 84; Jan. 1, 2003.
KS Stat § 58a-1010 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee|58a-1010 Limitation on personal liability of trustee.

58a-1010. Limitation on personal liability of trustee. (a) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.(b) A trustee is personally liable for torts committed in the course of administering a trust, or for obligations arising from ownership or control of trust property, including liability for violation of environmental law, only if the trustee is personally at fault.(c) A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, on an obligation arising from ownership or control of trust property or on a tort committed in the course of administering a trust, may be asserted in a judicial proceeding against the trustee in the trustee's fiduciary capacity, whether or not the trustee is personally liable for the claim.History: L. 2002, ch. 133, § 85; Jan. 1, 2003.
KS Stat § 58a-1011 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee|58a-1011 Interest as general partner.

58a-1011. Interest as general partner. (a) Except as otherwise provided in subsection (c) or unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to the Kansas uniform partnership act, K.S.A. 56a-101 et seq., and amendments thereto, or the revised uniform limited partnership act, K.S.A. 56-1a101 et seq., and amendments thereto.(b) Except as otherwise provided in subsection (c), a trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.(c) The immunity provided by this section does not apply if an interest in the partnership is held by the trustee in a capacity other than that of trustee or is held by the trustee's spouse or one or more of the trustee's descendants, siblings, or parents, or the spouse of any of them.(d) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.History: L. 2002, ch. 133, § 86; Jan. 1, 2003.
KS Stat § 58a-1012 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee|58a-1012 Protection of person dealing with trustee.

58a-1012. Protection of person dealing with trustee. (a) A person other than a beneficiary who in good faith assists a trustee, or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers is protected from liability as if the trustee properly exercised the power.(b) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.(c) A person who in good faith delivers assets to a trustee need not ensure their proper application.(d) A person other than a beneficiary who in good faith assists a former trustee, or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated is protected from liability as if the former trustee were still a trustee.(e) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.History: L. 2002, ch. 133, § 87; Jan. 1, 2003.
KS Stat § 58a-1013 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee|58a-1013 Certification of trust.

58a-1013. Certification of trust. (a) Instead of furnishing a copy of the trust instrument to a person other than a qualified beneficiary, the trustee may furnish to the person an acknowledged certification of trust containing the following information:(1) That the trust exists and the date the trust instrument was executed;(2) the identity of the settlor;(3) the identity and address of the currently acting trustee;(4) the powers of the trustee;(5) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;(6) the authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; and(7) the manner of taking title to trust property.(b) A certification of trust may be signed or otherwise authenticated by any trustee.(c) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.(d) A certification of trust need not contain the dispositive terms of a trust.(e) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction.(f) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.(g) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.(h) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.(i) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.History: L. 2002, ch. 133, § 88; L. 2012, ch. 110, § 2; July 1.
KS Stat § 58a-1101 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 11 - Miscellaneous Provisions|58a-1101 Uniformity of application and construction.

58a-1101. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.History: L. 2002, ch. 133, § 89; Jan. 1, 2003.
KS Stat § 58a-1102 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 11 - Miscellaneous Provisions|58a-1102 Electronic records and signatures.

58a-1102. Electronic records and signatures. The provisions of this code governing the legal effect, validity or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of section 102 of the electronic signatures in global and national commerce act (15 U.S.C. § 7002) and supersede, modify, and limit the requirements of the electronic signatures in global and national commerce act.History: L. 2002, ch. 133, § 90; Jan. 1, 2003.
KS Stat § 58a-1103 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 11 - Miscellaneous Provisions|58a-1103 Severability clause.

58a-1103. Severability clause. If any provision of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this code which can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.History: L. 2002, ch. 133, § 91; Jan. 1, 2003.
KS Stat § 58a-1106 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 11 - Miscellaneous Provisions|58a-1106 Application to existing relationships.

58a-1106. Application to existing relationships. (a) Except as otherwise provided in this act, on the effective date of this act:(1) This act applies to all trusts created before, on, or after its effective date;(2) this act applies to all judicial proceedings concerning trusts commenced on or after its effective date;(3) this act applies to judicial proceedings concerning trusts commenced before its effective date unless the court finds that application of a particular provision of this act would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this act does not apply and the superseded law applies;(4) any rule of construction or presumption provided in this act applies to trust instruments executed before the effective date of the act unless there is a clear indication of a contrary intent in the terms of the trust; and(5) an act done before the effective date of the act is not affected by this act.(b) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of the act, that statute continues to apply to the right even if it has been repealed or superseded.History: L. 2002, ch. 133, § 92; Jan. 1, 2003.
KS Stat § 58a-1107 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 11 - Miscellaneous Provisions|58a-1107 Transfer by warranty deed of real property into inter vivos trust; effect of insurance coverage.

58a-1107. Transfer by warranty deed of real property into inter vivos trust; effect of insurance coverage. (a) The transfer by warranty deed of real property into an inter vivos trust shall not affect the coverage of any title insurance if the settlor of such trust is and remains a beneficiary of such trust during the settlor's lifetime.(b) Upon the transfer taking effect: (1) The trustee shall be deemed to be insured; and(2) the insurance coverage for such trust shall be subject to the defenses which the insurance company has under the policy against the original named insured.(c) If the settlor is a beneficiary of such trust at the time of the transfer, the transfer of such property into such trust shall not: (1) Affect any homestead exemption or redemption rights; or(2) cause a due on sale or similar clause to be effective under a mortgage or security interest.(d) This section shall be a part of and supplemental to the Kansas uniform trust code.History: L. 2004, ch. 158, § 15; July 1.
KS Stat § 59-101 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 1 - General Provisions|59-101 Name of act.

59-101. Name of act. This act is named and may be cited as the Kansas probate code.History: L. 1939, ch. 180, § 1; July 1.
KS Stat § 59-102 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 1 - General Provisions|59-102 Definitions.

59-102. Definitions. As used in the Kansas probate code, unless the context otherwise indicates:(1) "District court" means judge of the district court when that meaning is necessary to effectuate the general purpose of the provisions of the Kansas probate code.(2) "Personal representative" includes executors, administrators, administrators with the will annexed, administrators de bonis non, conservators and guardians.(3) "Fiduciary" includes personal representatives, trustees and surviving partners administering their trusts.(4) "Person," as applied to fiduciaries, includes banks and other corporations authorized by law to act in a fiduciary capacity in this state.(5) "Simplified administration" means administration under the Kansas simplified estates act contained in K.S.A. 59-3201 through 59-3206, and amendments thereto.(6) "Supervised administration" means administration by a personal representative under the Kansas probate code, exclusive of the Kansas simplified estates act, the Kansas informal administration act or refusal to grant letters of administrative procedures.(7) "Informal administration" means administration under the Kansas informal administration act.(8) "Valid settlement agreement" means a written and acknowledged instrument which affects the administration or distribution of the estate and which is entered into by all interested heirs, devisees, legatees and persons whose interests are affected by the settlement agreement, all of whom must be competent or authorized to enter into such agreement.(9) The masculine gender includes the feminine.(10) The singular number includes the plural.History: L. 1939, ch. 180, § 2; L. 1965, ch. 346, § 1; L. 1975, ch. 299, § 1; L. 1976, ch. 242, § 1; L. 1985, ch. 191, § 7; L. 1997, ch. 32, § 1; July 1.
KS Stat § 59-103 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 1 - General Provisions|59-103 Application of chapter; form of petitions.

59-103. Application of chapter; form of petitions. (a) Chapter 59 of the Kansas Statutes Annotated may be used:(1) To admit last wills and testaments to probate.(2) To grant and revoke letters testamentary and of administration.(3) To direct and control the official acts of executors and administrators, to settle their accounts, and to order the distribution of estates.(4) To administer partnership estates as provided in this act.(5) To determine the heirs, devisees, and legatees of decedents.(6) To appoint and remove guardians and conservators for minors, voluntary conservatees and incapacitated persons, to make all necessary orders relating to their estates, to direct and control the official acts of such guardians and conservators and to settle their accounts.(7) To supervise the administration of trusts and powers created by wills admitted to probate, and trusts and powers created by written instruments other than by wills in favor of persons subject to conservatorship; to appoint and remove trustees for such trusts, to make all necessary orders relating to such trust estates, to direct and control the official acts of such trustees, and to settle their accounts.(8) To appoint and remove trustees of estates of convicts imprisoned in a correctional institution under sentence of imprisonment for life, to make all necessary orders relating to their estates, to direct and control the official acts of such trustees, and to settle their accounts.(9) To hold hearings respecting mentally ill persons, and to order their referral for treatment.(b) Every petition to commence an action pursuant to chapter 59 shall state, immediately below the clause showing the name of the court, parties and case docket number, the following: "Petition pursuant to chapter 59 of the Kansas Statutes Annotated."History: L. 1977, ch. 112, § 17; L. 1982, ch. 234, § 1; L. 1990, ch. 309, § 35; May 24.
KS Stat § 59-212 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 2 - Courts And Their Records|59-212 Records to be kept by court for chapter 59 actions.

59-212. Records to be kept by court for chapter 59 actions. (a) The following shall be kept by the court for proceedings under chapter 59 of the Kansas Statutes Annotated:(1) An appearance docket, in which shall be listed under the name of the decedent, ward, conservatee, mentally ill person, or other person involved, all documents pertaining thereto and in the order filed, except that separate appearance dockets, not open to public inspection shall be kept for proceedings under the care and treatment act for mentally ill persons and adoptions. Such list shall show the nature of the document, the date of the filing thereof, shall give a reference to the volume and page of any other book or reference to microfilm in which any record shall have been made of such document, and shall state the charge, if any, therefor.(2) A suitable general index, in which files pertaining to estates of decedents shall be indexed under the name of the decedent, those pertaining to guardianships under the name of the ward, those pertaining to conservatorships under the name of the conservatee, those pertaining to mentally ill persons under the name of such person, those pertaining to adoption of children under both the name and adopted name of the child. After the name of each file shall be shown the case number.(b) Suitable permanent duplicate copies of the following, kept by the district court prior to the effective date of this act, may be disposed of at the discretion of the district court: (1) All wills admitted to probate; (2) all elections filed; (3) all letters of appointment issued; (4) all certificates of appointment filed; (5) all bonds filed; (6) all orders, judgments and decrees, including estate and inheritance tax determination; (7) appearance docket sheets; (8) journals; (9) copies of journal entries of judgment; and (10) such other documents as the court may determine.History: L. 1939, ch. 180, § 14; L. 1965, ch. 346, § 6; L. 1970, ch. 224, § 1; L. 1976, ch. 242, § 2; L. 1977, ch. 109, § 30; L. 1980, ch. 165, § 1; L. 1986, ch. 211, § 33; L. 1991, ch. 165, § 1; L. 1995, ch. 103, § 1; L. 1996, ch. 167, § 53; L. 2010, ch. 44, § 19; July 1.
KS Stat § 59-213 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 2 - Courts And Their Records|59-213 Filing of probate proceeding documents.

59-213. Filing of probate proceeding documents. A duly certified copy of any document on file or of record in any probate proceedings in the district court of any county of the state may be filed in the district court of any other county of the state, and when so filed shall have the same force and effect in such other county as in the county of origin.History: L. 1939, ch. 180, § 15; L. 1953, ch. 271, § 1; L. 1976, ch. 242, § 3; Jan. 10, 1977.
KS Stat § 59-214 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 2 - Courts And Their Records|59-214 Inspection of books and records; copies.

59-214. Inspection of books and records; copies. The books and records of the district court involving proceedings pursuant to chapter 59 of the Kansas Statutes Annotated shall be open to inspection by all persons at all times, except as provided in adoption proceedings, in K.S.A. 59-2979 and amendments thereto or in K.S.A. 65-5601 to 65-5605, inclusive, and amendments thereto, as applicable. The court shall furnish a certified or authenticated copy of any document on file or of record which is open to public inspection, upon payment therefor. The court, in making certified or authenticated copies of letters of appointment, is authorized upon request to certify further whenever such is the fact, that the letters so certified stand unrevoked at the date of the certificate; and such certificate shall be prima facie evidence of such fact.History: L. 1939, ch. 180, § 16; L. 1965, ch. 346, § 7; L. 1976, ch. 243, § 41; L. 1976, ch. 242, § 4; L. 1986, ch. 212, § 6; L. 1996, ch. 167, § 54; Apr. 18.
KS Stat § 59-401 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 4 - Homestead And Family Allowances|59-401 Homestead.

59-401. Homestead. A homestead to the extent of 160 acres of land lying without, or of one acre lying within, the limits of an incorporated city, or a manufactured home or mobile home, occupied by the decedent and family, at the time of the owner's death, as a residence, and continued to be so occupied by the surviving spouse and children, after such death, together with all the improvements on the same, shall be wholly exempt from distribution under any of the laws of this state, and from the payment of the debts of the decedent, but it shall not be exempt from sale for taxes thereon, or for the payment of obligations contracted for the purchase thereof, or for the erection of improvements thereon, or for the payment of any lien given thereon by the joint consent of husband and wife. The title to the homestead property of a decedent shall pass the same as the title to other property of the decedent.History: L. 1939, ch. 180, § 19; L. 1953, ch. 272, § 1; L. 1979, ch. 178, § 1; L. 1991, ch. 33, § 34; July 1.
KS Stat § 59-402 (2021)
2021 Kansas Statutes|Chapter 59 - Probate Code|Article 4 - Homestead And Family Allowances|59-402 Same; partition.

59-402. Same; partition. The homestead shall not be subject to forced partition unless the surviving spouse remarries, nor until all the children arrive at the age of majority.History: L. 1939, ch. 180, § 20; July 1.