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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) Upon dissolution, a statutory trust may, and a series trust shall, dispose of the known claims against it by following the procedures described in this section.
(2) The statutory trust shall notify its known claimants, as well as all known claimants of any series or against the assets of or associated with a series, in writing of the dissolution at any time after the effective date of dissolution. The written notice shall:
(a) Provide the name of the trust and, if a series trust, the name under which each series has transacted business;
(b) Describe the information that must be included in a claim;
(c) Provide a mailing address where a claim may be sent;
(d) State the deadline, which may not be fewer than one hundred twenty (120) days after the date of the written notice, by which the trust must receive the claim; and
(e) State that the claim against the trust, or in the case of a series trust a claim against a series or against the property of or associated with a series, will be barred if not received by the deadline.
(3) A claim shall be barred:
(a) If a claimant who is given written notice under subsection (2) of this section does not deliver the claim to the trust by the deadline; or
(b) If a claimant whose claim was rejected by the trust does not commence a proceeding to enforce the claim within ninety (90) days after the date of the rejection notice.
(4) For purposes of this section, “claim” shall not include a contingent liability or a claim based on an event occurring after the effective date of dissolution.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title XXXIII. Administration of Trusts and Estates of Persons Under Disability § 386A.8-060.Known claims against dissolved trust - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xxxiii-administration-of-trusts-and-estates-of-persons-under-disability/ky-rev-st-sect-386a-8-060/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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