(1) A trustee who votes for or assents to a distribution made in violation of KRS
386A.6-080 shall be personally liable to the statutory trust for the amount of the distribution that exceeds what could have been distributed without violating KRS

Need help with a review of a will?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Kentucky Statutes 386A.6-090

  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Trustee: A person or institution holding and administering property in trust.

386A.6-080 if it is established that the trustee did not perform his or her duties in compliance with KRS § 386A.5-050. In any proceeding commenced under this section, a trustee shall have all of the defenses ordinarily available to a trustee.
(2) A trustee held liable under subsection (1) of this section for an unlawful distribution shall be entitled to contribution:
(a) From every other trustee who could be held liable under subsection (1) of this section for the unlawful distribution; and
(b) From each beneficial owner for the amount the beneficial owner accepted knowing the distribution was made in violation of KRS § 386A.6-080.
(3) A proceeding under this section shall be barred unless it is commenced within two (2) years after the date on which the effect of the distribution was measured under KRS § 386A.6-080(6) and (7).
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 81, sec. 53, effective July 12, 2012.