Updated June 29, 2022
The Kansas revocable living trust, unlike a will, will avoid the probate process after the death of the Grantor. Avoiding this process can save the Beneficiaries time and money when making claims on the assets they have been bequeathed. Furthermore, property and assets within a living trust are not made public record upon the death of the Grantor, allowing the family and inheritors to maintain privacy. A Kansas revocable living trust does not have the same estate tax benefits as an irrevocable trust, but it is not without advantages. Besides avoiding probate and keeping the estate distribution private, the Grantor maintains access to their assets in full during their lifetime. Even if they become mentally unfit to manage the Trust (as Grantors often appoint themselves as Trustee), the Grantor can still use these assets with help from a Successor Trustee. Without a revocable living trust, a court-appointed conservator may have to step in to manage the estate.
Laws – § 58a-60
How to Write
Step 1 – Download in Adobe PDF, Microsoft Word (.docx), or Open Document Text (.odt).
Step 2 – Regardless of the type of file one has chosen to fill out, the process is the same. The next step is to complete the first page of the Living Trust Form with the following information:
- Grantor’s name
- Date
- Grantor’s name
- Grantor’s mailing address
- Trustee’s name
- Trustee’s mailing address
- Name of the Trust (under Article 1)
- Type of trust (under Article 1; either amendment or original)
Step 3 – Next, go to Article 4, Section A and provide an account of the property held by the Trust and to whom it will be bestowed once the Grantor dies. Include the names of the inheriting individuals or organizations next to each item.
Step 4 – Under Article 4, Section B, select the individual(s) who will receive the Grantor’s personal property after death. Select either “The Beneficiaries” or provide the personal information of the specific individual who will inherit the personal property.
Step 5 – Section C of Article 4 pertains to the care of the Grantor’s pets after death. A Pet Caretaker is to be named (along with their mailing address) as well as a second Pet Caretaker in case the first is unable to perform the necessary caretaking duties.
Step 6 – Continued under Section C of Article 4 is Part (ii), where any funding provided to the Pet Caretaker shall be disclosed. If no funding is to be provided, select the second checkbox.
Step 7 – The last part of Article 4, Section C is “3rd Party Enforcement.” Fill in the name and address of the person who will be appointed the task of ensuring funds provided to the Pet Caretaker are used solely for the care of the Grantor’s pets.
Step 8 – The next section, Section D of Article 4, contains empty spaces for the personal information of up to four (4) Beneficiaries. These are the Beneficiaries that will receive any undistributed income and/or property from the Trust once the Grantor dies.
Step 9 – Scroll down to Article 10. Enter a number and select either “Months” or “Years.” This amount of time will indicate how many requests can be made by individuals wishing to receive a report of the assets held by the Trust.
Step 10 – Article 13 has to do with the Successor Trustees. The Grantor must appoint a Successor Trustee and a 2nd Successor Trustee by providing their names and mailing addresses.
Step 11 – Any compensation provided to the Trustees should be mentioned in Section I of Article 13. Select either “No compensation whatsoever” or “a reasonable fee.”
Step 12 – Advance to Article 15, where the survival restriction will be established. Enter the number of days a person must survive past the Grantor’s death in order to benefit from the Trust.
Step 13 – At the bottom of page 15, enter the marital status of the Grantor under Article 17. If the Grantor is married, their spouse’s name must be provided.
Step 14 – Next, enter the names of the Grantor’s children in the space provided under Article 18.
Step 15 – Article 21 provides the opportunity for the Grantor to specifically exclude anyone from the Trust. Provide the names of any individuals or organizations that should be excluded from the Trust.
Step 16 – Below Article 22 are blank spaces for the Grantor, Trustee, and Successor Trustee to sign and print their name. This will allow the Grantor to make any necessary changes to the document throughout their lifetime.
Step 17 – Fill out the Self-Proving Affidavit form on the second-to-last page of the document with the following information:
- State
- County
- Grantor’s signature and the date
- Trustee’s signature and the date
- Successor Trustee’s signature and the date
- 2nd Successor Trustee’s signature and the date
- Witness #1’s signature and the date
- Witness #2’s signature and the date
Leave the last portion for the notary public to complete.
Step 18 – The last page of the living trust form provides space for all the assets that will be assigned to the Trust.
