456.6-604. Limitation on action contesting validity of revocable trust--distribution of trust property. - Missouri Statutes

Limitation on action contesting validity of revocabletrust--distribution of trust property.

456.6-604. 1. A person may commence a judicial proceeding to contestthe validity of a trust that was revocable at the settlor's death withinthe earliest of:

(1) two years after the settlor's death;

(2) six months after the trustee sent the person a copy of the trustinstrument and a notice informing the person of the trust's existence, ofthe trustee's name and address, and of the time allowed for commencing aproceeding; or

(3) in the case of a trust that was revocable at the settlor's deaththat is entitled to a distribution under the settlor's will, on the datethat any contest of that will is barred under the provisions of section473.083, RSMo, provided that a copy of the trust instrument was filed withthe probate division within ninety days of the first publication of noticeof granting of letters on the estate of the decedent under section 473.033,RSMo.

2. For purposes of subdivision (2) of subsection 1 of this section,the trustee may provide the documentation and information set forth in thatsubsection to:

(1) all persons who would be entitled to notice of granting ofletters on the estate of the decedent under section 473.033, RSMo; and

(2) all persons whose interests are, in the opinion of the trustee,adversely affected by the terms of the trust.

3. Upon the death of the settlor of a trust that was revocable at thesettlor's death, the trustee may proceed to distribute the trust propertyin accordance with the terms of the trust. The trustee is not subject toliability 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 possiblejudicial proceeding to contest the trust and a judicial proceeding iscommenced within sixty days after the contestant sent the notification.

4. A beneficiary of a trust that is determined to have been invalidis liable to return any distribution received.

(L. 2004 H.B. 1511)

Effective 1-01-05