reglab/housing_qa huggingface dataset:
KS Stat § 58a-705 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 7 - Office Of Trustee|58a-705 Resignation of trustee.

58a-705. Resignation of trustee. (a) A trustee may resign:(1) Upon at least 30 days' notice to the qualified beneficiaries and all cotrustees; or(2) with the approval of the court.(b) In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.(c) Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee is not discharged or affected by the trustee's resignation.History: L. 2002, ch. 133, § 53; Jan. 1, 2003.
KS Stat § 58a-706 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 7 - Office Of Trustee|58a-706 Removal of trustee.

58a-706. Removal of trustee. (a) The settlor, if living, a cotrustee, or a qualified beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.(b) The court may remove a trustee if:(1) The trustee has committed a breach of trust;(2) lack of cooperation among cotrustees substantially impairs the administration of the trust;(3) because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries and is consistent with the terms of the trust; or(4) there has been a substantial change of circumstances and the court finds that removal of the trustee best serves the interests of all of the beneficiaries, is consistent with the terms of the trust, is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.(c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under subsection (b) of K.S.A. 58a-1001, and amendments thereto, as may be necessary to protect the trust property or the interests of the beneficiaries.History: L. 2002, ch. 133, § 54; Jan. 1, 2003.
KS Stat § 58a-707 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 7 - Office Of Trustee|58a-707 Delivery of property by former trustee.

58a-707. Delivery of property by former trustee. (a) Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.(b) A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the cotrustee, successor trustee, or other person entitled to it.History: L. 2002, ch. 133, § 55; Jan. 1, 2003.
KS Stat § 58a-708 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 7 - Office Of Trustee|58a-708 Compensation of trustee.

58a-708. Compensation of trustee. (a) If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the circumstances.(b) If the terms of a trust specify the trustee's compensation, the trustee is entitled to be compensated as provided, except as such compensation may be increased or decreased upon approval by the trustee and by unanimous consent of the qualified beneficiaries who do not have a conflict of interest.(c) If the terms of a trust specify the trustee's compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if:(1) The duties of the trustee are substantially different from those contemplated when the trust was created; or(2) the compensation specified by the terms of the trust would be unreasonably low or high.History: L. 2002, ch. 133, § 56; Jan. 1, 2003.
KS Stat § 58a-709 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 7 - Office Of Trustee|58a-709 Reimbursement of expenses.

58a-709. Reimbursement of expenses. (a) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for:(1) Expenses that were properly incurred in the administration of the trust; and(2) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.(b) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.History: L. 2002, ch. 133, § 57; Jan. 1, 2003.
KS Stat § 58a-801 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 8 - Duties And Powers Of Trustee|58a-801 Duty to administer trust.

58a-801. Duty to administer trust. Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this code.History: L. 2002, ch. 133, § 58; Jan. 1, 2003.
KS Stat § 58a-803 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 8 - Duties And Powers Of Trustee|58a-803 Impartiality.

58a-803. Impartiality. If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries' respective interests.History: L. 2002, ch. 133, § 60; Jan. 1, 2003.
KS Stat § 58a-804 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 8 - Duties And Powers Of Trustee|58a-804 Prudent administration.

58a-804. Prudent administration. A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.History: L. 2002, ch. 133, § 61; Jan. 1, 2003.
KS Stat § 58a-805 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 8 - Duties And Powers Of Trustee|58a-805 Costs of administration.

58a-805. Costs of administration. In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee.History: L. 2002, ch. 133, § 62; Jan. 1, 2003.
KS Stat § 58a-806 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 8 - Duties And Powers Of Trustee|58a-806 Trustee's skills.

58a-806. Trustee's skills. A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, shall use those special skills or expertise.History: L. 2002, ch. 133, § 63; Jan. 1, 2003.
KS Stat § 58a-807 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 8 - Duties And Powers Of Trustee|58a-807 Delegation by trustee.

58a-807. Delegation by trustee. (a) A trustee may delegate duties and powers, other than investment and management functions, that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in:(1) Selecting an agent;(2) establishing the scope and terms of the delegation, consistent with the purposes and terms of the trust; and(3) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.(b) A trustee may delegate investment and management functions in accord with K.S.A. 58-24a01 et seq., and amendments thereto.(c) In performing a delegated function, an agent owes a duty to the trust to exercise reasonable care to comply with the terms of the delegation.(d) A trustee who complies with subsection (a) is not liable to the beneficiaries or to the trust for an action of the agent to whom the function was delegated.(e) By accepting a delegation of powers or duties from the trustee of a trust that is subject to the law of this state, an agent submits to the jurisdiction of the courts of this state.History: L. 2002, ch. 133, § 64; Jan. 1, 2003.
KS Stat § 58a-808 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 8 - Duties And Powers Of Trustee|58a-808 Powers to direct.

58a-808. Powers to direct. (a) While a trust is revocable, the trustee may follow a direction of the settlor that is contrary to the terms of the trust.(b) If the terms of a trust confer upon a person other than the settlor of a revocable trust power to direct certain actions of the trustee, the trustee shall act in accordance with an exercise of the power unless the attempted exercise is manifestly contrary to the terms of the trust or the trustee knows the attempted exercise would constitute a serious breach of a fiduciary duty that the person holding the power owes to the beneficiaries of the trust.(c) The terms of a trust may confer upon a trustee or other person a power to direct the modification or termination of the trust.(d) A person, other than a beneficiary, who holds a power to direct is presumptively a fiduciary who, as such, is required to act in good faith with regard to the purposes of the trust and the interests of the beneficiaries. The holder of a power to direct is liable for any loss that results from breach of a fiduciary duty.History: L. 2002, ch. 133, § 65; Jan. 1, 2003.
KS Stat § 58a-809 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 8 - Duties And Powers Of Trustee|58a-809 Control and protection of trust property .

58a-809. Control and protection of trust property . A trustee shall take reasonable steps to take control of and protect the trust property.History: L. 2002, ch. 133, § 66; Jan. 1, 2003.
KS Stat § 58a-810 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 8 - Duties And Powers Of Trustee|58a-810 Recordkeeping and identification of trust property; property acquisition and conveyance.

58a-810. Recordkeeping and identification of trust property; property acquisition and conveyance. (a) A trustee shall keep adequate records of the administration of the trust.(b) A trustee shall keep trust property separate from the trustee's own property.(c) Except as otherwise provided in subsection (d), a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.(d) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two or more separate trusts.(e) Any property may be acquired in the name of the trust or in the name of the trustee. Property titled in the trust name may be conveyed in the trust name or in the name of the trustee of that trust, provided that the trust name is clearly set forth in the conveyance.History: L. 2002, ch. 133, § 67; L. 2004, ch. 158, § 12; L. 2007, ch. 29, § 1; July 1.
KS Stat § 58a-811 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 8 - Duties And Powers Of Trustee|58a-811 Enforcement and defense of claims.

58a-811. Enforcement and defense of claims. A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.History: L. 2002, ch. 133, § 68; Jan. 1, 2003.
KS Stat § 58a-812 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 8 - Duties And Powers Of Trustee|58a-812 Collecting trust property.

58a-812. Collecting trust property. A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to redress a breach of trust known to the trustee to have been committed by a former trustee.History: L. 2002, ch. 133, § 69; Jan. 1, 2003.
KS Stat § 58a-814 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 8 - Duties And Powers Of Trustee|58a-814 Discretionary powers.

58a-814. Discretionary powers. Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute," "sole," or "uncontrolled," the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.History: L. 2002, ch. 133, § 71; Jan. 1, 2003.
KS Stat § 58a-815 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 8 - Duties And Powers Of Trustee|58a-815 General powers of trustee.

58a-815. General powers of trustee. (a) A trustee, without authorization by the court, may exercise:(1) Powers conferred by the terms of the trust; and(2) except as limited by the terms of the trust:(A) All powers over the trust property which an unmarried competent owner has over individually owned property;(B) any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and(C) any other powers conferred by this code.(b) The exercise of a power is subject to the fiduciary duties prescribed by this article.History: L. 2002, ch. 133, § 72; L. 2004, ch. 158, § 14; July 1.
KS Stat § 58a-817 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 8 - Duties And Powers Of Trustee|58a-817 Distribution upon termination.

58a-817. Distribution upon termination. (a) Upon termination or partial termination of a trust, the trustee may send to the qualified beneficiaries a proposal for distribution. The right of any qualified beneficiary to object to the proposed distribution terminates if the qualified beneficiary does not notify the trustee of an objection within 30 days after the proposal was sent but only if the proposal informed the qualified beneficiary of the right to object and of the time allowed for objection.(b) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.(c) A release, upon termination or partial termination of a trust, by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:(1) It was induced by improper conduct of the trustee; or(2) the beneficiary, at the time of the release, did not know of the beneficiary's rights or of the material facts relating to the breach.History: L. 2002, ch. 133, § 74; Jan. 1, 2003.
KS Stat § 58a-818 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 8 - Duties And Powers Of Trustee|58a-818 Debts of deceased settlor; notice.

58a-818. Debts of deceased settlor; notice. (1) Any trustee who has a duty or power to pay the debts of a deceased settlor may give notice to creditors thereof. Such notice shall be published once a week for three consecutive weeks in a newspaper, authorized by law to publish legal notices, of the county in which the deceased settlor was a resident. The publication notice to creditors shall be to all persons concerned. It shall state the name and address of the trustee, the name of the deceased settlor, the name of the trust from which the debts of the decedent may be paid upon receipt of proper proof thereof, and shall notify the creditors to present such claims to the trustee within the later of:(a) Four months from the date of the first published notice; or(b) thirty days after receipt of the actual notice directed by subsection (2), or be forever barred as against the trustee and the trust property.(2) Any trustee publishing a notice to creditors under the provisions of subsection (1) shall also give actual notice to known or reasonably ascertainable creditors prior to the expiration of the period described in subsection (1)(a).(3) The claim of a creditor of a deceased settlor shall be forever barred as against the trustee and the trust property unless the claim is presented to the trustee within the later of:(a) Four months from the date of the first publication of the notice under subsection (1); or(b) if the creditor is known or reasonably ascertainable, 30 days after actual notice was given.(4) Nothing in this section shall affect or prevent the enforcement of a claim arising out of tort against the decedent within the period of the statute of limitations provided for an action on such claim. Any recovery by the claimant in such action shall not affect the distribution of the assets of the trust unless a claim was presented to the trustee within the time allowed for filing claims under subsection (1). The action may be filed in any court of competent jurisdiction and the rules of pleading and procedure in the action shall be the same as apply in civil actions. The trust may be terminated and the trustee promptly discharged when the statute of limitations for filing such actions has expired and no action has been filed or upon conclusion of any action filed.(c) This section shall be part of and supplemental to the Kansas uniform trust code.History: L. 2004, ch. 158, § 1; July 1.
KS Stat § 58a-901 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 9 - Uniform Prudent Investor Act|58a-901 Application of uniform prudent investor act.

58a-901. Application of uniform prudent investor act. Notwithstanding any provisions of the Kansas uniform trust act to the contrary, K.S.A. 58-24a01 et seq., and amendments thereto shall govern the investment and management of trust assets.History: L. 2002, ch. 133, § 75; Jan. 1, 2003.
KS Stat § 58a-1001 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee|58a-1001 Remedies for breach of trust.

58a-1001. Remedies for breach of trust. (a) A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.(b) To remedy a breach of trust that has occurred or may occur, the court may:(1) Compel the trustee to perform the trustee's duties;(2) enjoin the trustee from committing a breach of trust;(3) compel the trustee to redress a breach of trust by paying money, restoring property, or other means;(4) order a trustee to account;(5) appoint a special fiduciary to take possession of the trust property and administer the trust;(6) suspend the trustee;(7) remove the trustee as provided in K.S.A. 58a-706, and amendments thereto;(8) reduce or deny compensation to the trustee;(9) subject to K.S.A. 58a-1012, and amendments thereto, void an act of the trustee, impose a lien or a constructive trust on trust property or trace trust property wrongfully disposed of and recover the property or its proceeds; or(10) order any other appropriate relief.History: L. 2002, ch. 133, § 76; Jan. 1, 2003.
KS Stat § 58a-1002 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee|58a-1002 Damages for breach of trust.

58a-1002. Damages for breach of trust. (a) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of:(1) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred;(2) the profit the trustee made by reason of the breach; or(3) if the trustee embezzles or knowingly converts to the trustee's own use any of the personal property of the trust, the trustee shall be liable for double the value of the property so embezzled or converted.(b) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.(c) The provisions of this section shall not exclude an award of punitive damages.History: L. 2002, ch. 133, § 77; Jan. 1, 2003.
KS Stat § 58a-1003 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee|58a-1003 Damages in absence of breach.

58a-1003. Damages in absence of breach. (a) A trustee is accountable to an affected beneficiary for any profit made by the trustee, other than compensation earned, arising from the administration of the trust, even absent a breach of trust.(b) Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.History: L. 2002, ch. 133, § 78; Jan. 1, 2003.
KS Stat § 58a-1004 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee|58a-1004 Attorney fees and costs.

58a-1004. Attorney fees and costs. In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney fees, to any party, to be paid by another party or from the trust that is the subject of the controversy.History: L. 2002, ch. 133, § 79; Jan. 1, 2003.
KS Stat § 58a-1005 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee|58a-1005 Limitation of action against trustee.

58a-1005. Limitation of action against trustee. (a) A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.(b) A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.(c) If subsection (a) does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within two years after the first to occur of:(1) The removal, resignation, or death of the trustee;(2) the termination of the beneficiary's interest in the trust; or(3) the termination of the trust.History: L. 2002, ch. 133, § 80; Jan. 1, 2003.
KS Stat § 58a-1006 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee|58a-1006 Reliance on trust instrument.

58a-1006. Reliance on trust instrument. A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.History: L. 2002, ch. 133, § 81; Jan. 1, 2003.
KS Stat § 58a-1007 (2021)
2021 Kansas Statutes|Chapter 58a - Kansas Uniform Trust Code|Article 10 - Liability Of Trustees And Rights Of Persons Dealing With Trustee|58a-1007 Event affecting administration or distribution.

58a-1007. Event affecting administration or distribution. If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee's lack of knowledge.History: L. 2002, ch. 133, § 82; Jan. 1, 2003.