Printable Format58a-505. Creditor's claim against settlor. (a) Except as provided by K.S.A. 33-101 et seq. and 33-201 et seq., and amendments thereto, whether or not the terms of a trust contain a spendthrift provision, the following rules apply:
(1) During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors.
(2) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit. If a trust has more than one settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution.
(3) After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities will be paid, the property of a trust that was revocable at the settlor's death is subject to claims of the settlor's creditors, costs of administration of the settlor's estate, the expenses of the settlor's funeral and disposal of remains, the homestead, homestead allowance, the elective share rights of the surviving spouse pursuant to K.S.A. 59-6a209, and amendments thereto, and statutory allowance to a surviving spouse and children to the extent the settlor's probate estate is inadequate to satisfy those claims, costs, expenses, and allowances.
(b) For purposes of this section:
(1) During the period the power may be exercised, the holder of a power of withdrawal is treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power;
(2) upon the lapse, release, or waiver of the power, the holder is treated as the settlor of the trust only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in section 2041(b)(2) or 2514(e) of the federal internal revenue code of 1986, as in effect on December 31, 2002; or section 2503(b) of the federal internal revenue code of 1986, as in effect on December 31, 2002; and
(3) this subsection shall not apply to the lapse of powers held by the spouse of a person occurring upon the death of such person.
History: L. 2002, ch. 133, § 42; L. 2004, ch. 158, § 8; July 1.
Law Review and Bar Journal References:
"Navigating the New Kansas Uniform Trust Code: Familiar and Unfamiliar Waters," Cheryl C. Boushka and Mark. W. Knackendoffel, 71 J.K.B.A. No. 10, 34 (2002).
CASE ANNOTATIONS
1. Mentioned; claim of homestead exemption upheld in certain trust property. Redmond v. Kester, 284 Kan. 209, 217, 218, 159 P.3d 1004 (2007).
2. Action by executor to seek constructive trust on assets wrongfully transferred. Estate of Draper v. Bank of America, 288 Kan. 510, 205 P.3d 698 (2009).
3. Third party beneficiary claim that decedent breeched contract by transferring assets is covered by nonclaim statute. Nelson v. Nelson, 288 Kan. 570, 205 P.3d 715 (2009).
4. The assets in the trust are subject to the claims of creditors. Commerce Bank, N.A. v. Bolander, 44 Kan. App. 2d 1, 239 P.3d 83 (2010).
5. Because homestead was conveyed into revocable trust and co-trustees did not occupy homestead continuously after death of grantor, homestead exception could not be claimed, and property became part of the trust assets. Chaney v. Armitage, 54 Kan. App. 2d 658, 667 (2017).