58a-818. Debts of deceased settlor; notice.
58a-818
58a-818. Debts of deceased settlor; notice.(1) Any trustee who has a duty or power to pay the debts of a deceased settlormay give notice to creditors thereof. Such notice shall be published once aweek for three consecutive weeks in a newspaper, authorized by law to publishlegal notices, of the county in which the deceased settlor was a resident. Thepublication notice to creditors shall be to all persons concerned. It shallstate 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 uponreceipt of proper proof thereof, and shall notify the creditors to present suchclaims 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 ofsubsection (1) shall also give actual notice to known or reasonablyascertainable creditors prior to the expiration of the period described insubsection (1)(a).
(3) The claim of a creditor of a deceased settlor shall be forever barred asagainst the trustee and the trust property unless the claim is presented to thetrustee within the later of:
(a) Four months from the date of the first publication of the notice undersubsection (1); or
(b) if the creditor is known or reasonably ascertainable, 30 days afteractual notice was given.
(4) Nothing in this section shall affect or prevent the enforcement of aclaim arising out of tort against the decedent within the period of the statuteof limitations provided for an action on such claim. Any recovery by theclaimant in such action shall not affect the distribution of the assets of thetrust unless a claim was presented to the trustee within the time allowed forfiling claims under subsection (1). The action may be filed in any court ofcompetent jurisdiction and the rules of pleading and procedure in the actionshall be the same as apply in civil actions. The trust may be terminated andthe trustee promptly discharged when the statute of limitations for filing suchactions has expired and no action has been filed or upon conclusion of anyaction filed.
(c) This section shall be part of and supplemental to the Kansas uniformtrust code.
History: L. 2004, ch. 158, § 1; July 1.