Kentucky Statutes 386B.6-040 – Limitation on action contesting validity of revocable trust — Distribution of trust property
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(1) 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:
(a) Two (2) years after the settlor’s death; or
(b) Ninety (90) days 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.
(2) 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:
(a) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or
(b) A potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within sixty (60) days after the contestant sent the notification.
(3) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.
Effective: July 15, 2014
History: Created 2014 Ky. Acts ch. 25, sec. 49, effective July 15, 2014.
(a) Two (2) years after the settlor’s death; or
Terms Used In Kentucky Statutes 386B.6-040
- Person: means any individual or entity as defined in KRS §. See Kentucky Statutes 386B.1-010
- Property: means anything that may be the subject of ownership, whether legal or equitable, or any interest therein. See Kentucky Statutes 386B.1-010
- Settlor: means a person, including a testator, who creates or contributes property to a trust. See Kentucky Statutes 386B.1-010
- Trust: means an express trust established by a trust instrument, including a will, whereby a trustee has the duty to administer a trust asset for the benefit of a named or otherwise described income or principal beneficiary, or both. See Kentucky Statutes 386B.1-010
- Trust instrument: means an instrument signed by the settlor that contains terms of the trust, including any amendments thereto. See Kentucky Statutes 386B.1-010
- Trustee: A person or institution holding and administering property in trust.
- Trustee: includes an original, additional, and successor trustee, and a cotrustee. See Kentucky Statutes 386B.1-010
(b) Ninety (90) days 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.
(2) 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:
(a) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or
(b) A potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within sixty (60) days after the contestant sent the notification.
(3) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.
Effective: July 15, 2014
History: Created 2014 Ky. Acts ch. 25, sec. 49, effective July 15, 2014.