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KS HB2590
Bill
Status
2/18/2026
Primary Sponsor
Financial Institutions and Pensions
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AI Summary
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Enacts the Kansas Community Property Trust Act, allowing married couples to convert separate property into community property by transferring assets to a trust that must include a qualified Kansas trustee, be signed by both spouses, and contain mandatory disclosure language warning of potential consequences
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Upon death of a spouse, the surviving spouse automatically retains their ½ share of community property trust assets (not subject to the decedent's will), while the decedent's ½ share passes according to their testamentary wishes or state succession laws
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Automatically terminates community property trusts upon divorce, with 180-day dissolution proceedings triggering termination unless a spouse objects or the court orders otherwise, and prohibits trustees from distributing real property or business interests in ways that leave divorcing spouses as co-owners
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Authorizes trustees to reimburse settlors of grantor trusts for income tax liabilities attributable to the trust under federal tax law (26 U.S.C. § 671), and clarifies this discretionary reimbursement authority does not expose trust assets to settlor's creditors
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Permits governing instruments to expand, restrict, or eliminate beneficiary information rights for specified periods (based on age, settlor's lifetime, or specific events) and allows designated representatives to act on behalf of minor, incapacitated, unborn, or unlocatable beneficiaries in judicial and nonjudicial matters
Legislative Description
Enacting the Kansas community property trust act to authorize the use of community property trusts during the marriage of settlor spouses and amending the Kansas uniform trust code to allow trustees to reimburse settlors of grantor trusts, authorize the use of designated representatives for trusts and permit the terms of a governing instrument to expand, restrict or eliminate certain general rules applicable to fiduciaries, trusts and trust administration.
Last Action
Senate Committee Report recommending bill be passed as amended by Committee on Financial Institutions and Insurance
3/11/2026