§ 58-5101 Citation of act
§ 58-5102 Definitions
§ 58-5103 Application; scope
§ 58-5104 Fiduciary duties
§ 58-5105 Application; principal place of administration; governing law
§ 58-5106 Reasonable reliance, liability
§ 58-5107 Notice; exercise of decanting power
§ 58-5108 Representation of another person
§ 58-5109 Court involvement; limitations
§ 58-5110 Formalities; signed record
§ 58-5111 Decanting power under expanded distributive discretion
§ 58-5112 Decanting power under limited distributive discretion
§ 58-5113 Trust for beneficiary with a disability
§ 58-5114 Protection of charitable interest; powers of attorney general
§ 58-5115 Trust limitation on decanting power
§ 58-5116 Change in fiduciary’s compensation; restrictions
§ 58-5117 Relief from liability and indemnification; restrictions
§ 58-5118 Removal or replacement of authorized fiduciary; restrictions
§ 58-5119 Tax-related limitations on use of decanting power
§ 58-5120 Duration of second trust
§ 58-5121 Need to distribute not required
§ 58-5122 Saving provision; corrective action
§ 58-5123 Trust for care of animals
§ 58-5124 Second trust included in references in Kansas uniform trust code
§ 58-5125 Settlor of second trust; determination of settlor intent, considerations
§ 58-5126 Later-discovered property
§ 58-5127 Obligations enforceable against first trust, continuation
§ 58-5128 Uniformity of application and construction
§ 58-5129 Relation to electronic signatures in global and national commerce act
§ 58-5130 Severability

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Terms Used In Kansas Statutes > Chapter 58 > Article 51 - Uniform Trust Decanting Act

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Donor: The person who makes a gift.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
  • Testator: A male person who leaves a will at death.
  • Trustee: A person or institution holding and administering property in trust.