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          Session of 1998
                    HOUSE BILL No. 2702           By Committee on Financial Institutions           1-23             9             AN ACT relating to trusts and trustees; providing notice to creditors of
10             decedent.
11            
12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. (a) Any trustee who has a duty or power to pay the debts
14       of a decedent may give notice to creditors of such decedent. Such notice
15       shall be published in a newspaper, authorized by law to publish legal
16       notices, in the county in which the decedent was domiciled. Such notice
17       shall be published once a week for three consecutive weeks in substan-
18       tially the following form:
19       To all persons interested in the trust estate of ________, decedent. The undersigned,
20       ________, is acting as trustee under a trust, the terms of which provide that the debts
21       of the decedent may be paid by the trustee(s) upon receipt of proper proof thereof. The
22       address of the trustee is ____________________  . All creditors of the decedent
23       are hereby notified to present their claims to the undersigned within four months from the
24       date of the first publication of this notice or be forever barred.
25           (b) Any trustee filing a notice to creditors under the provisions of
26       subsection (a) shall also give actual notice to known or reasonably ascer-
27       tainable creditors prior to the expiration of the nonclaim statute period.
28           (c) If such publication is duly made by the trustee under subsection
29       (a) and actual notice is given to known or reasonably ascertainable cred-
30       itors under subsection (b), any claims not presented to the trustee within
31       four months from the date of the first publication of the notice shall be
32       forever barred as against the decedent, trustee and the trust property.
33           Sec. 2. This act shall take effect and be in force from and after its
34       publication in the statute book.
35