Kansas Statutes
§ 58a-1005 — Limitation of action against trustee
Kansas·Ch. 58a KANSAS UNIFORM TRUST CODE·Art. 10 LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE
(a)A beneficiary may not commence a proceeding against a trustee for breach of trust more than one year after the date the beneficiary or a representative of the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of trust and informed the beneficiary of the time allowed for commencing a proceeding.
(b)A report adequately discloses the existence of a potential claim for breach of trust if it provides sufficient information so that the beneficiary or representative knows of the potential claim or should have inquired into its existence.
(c)If subsection (a) does not apply, a judicial proceeding by a beneficiary against a trustee for breach of trust must be commenced within two years after the first to occur of:
(1)The removal, resignatio
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Related
Miller v. Miller
(Court of Appeals of Kansas, 2024)
Legislative History
L. 2002, ch. 133, § 80; January 1, 2003.
Nearby Sections
15
§ 58a-1001
Remedies for breach of trust§ 58a-1002
Damages for breach of trust§ 58a-1003
Damages in absence of breach§ 58a-1004
Attorney fees and costs§ 58a-1005
Limitation of action against trustee§ 58a-1006
Reliance on trust instrument§ 58a-1008
Exculpation of trustee§ 58a-101
Short title§ 58a-1011
Interest as general partner§ 58a-1013
Certification of trust§ 58a-102
Scope