58a-604. Limitation on action contesting validity of revocable trust; distribution of trust property. - Kansas Statutes

58a-604

Chapter 58a.--KANSAS UNIFORM TRUST CODE Article 6.--REVOCABLE TRUSTS

      58a-604.   Limitation on action contestingvalidity of revocable trust; distribution of trust property.(a) A person may commencea judicial proceeding to contest the validity of a trust thatwas revocable at the settlor's death within the earlier of:

      (1)   One year after thesettlor's death; or

      (2)   four months after thetrustee sent the person a copy of the trustinstrument and a notice informing the person of the trust's existence, of thetrustee's name andaddress, and of the time allowed for commencing a proceeding.

      (b)   Upon the death of the settlor of a trust that was revocable at thesettlor's death, thetrustee may proceed to distribute the trust property in accordance with theterms of the trust. Thetrustee is not subject to liability for doing so unless:

      (1)   The trustee knows of a pending judicial proceeding contesting thevalidity of the trust; or

      (2)   a potential contestant has notified the trustee of a possible judicialproceedingto contest the trust and a judicial proceeding is commenced within 60 daysafter the contestant sentthe notification.

      (c)   A beneficiary of a trust that is determined to have been invalid isliable to return anydistribution received.

      History:   L. 2002, ch. 133, § 48; Jan. 1, 2003.