KRS 386B.13-250: Later-discovered property.
Where this section sits in the code
(1) Except as otherwise provided in subsection (3) of this section, if exercise of the
decanting power was intended to distribute all the principal of the first trust to one
(1) or more second trusts, later -discovered property belonging to the first trust and
property paid to or acquired by the first trust after the exercise of the power is part
of the trust estate of the second trust or trusts.
(2) Except as otherwise provided in subsection (3) of this section, if exercise of the
decanting power was intended t o distribute less than all the principal of the first
trust to one (1) or more second trusts, later -discovered property belonging to the
first trust or property paid to or acquired by the first trust after exercise of the power
remains part of the trust estate of the first trust.
(3) An authorized fiduciary may provide in an exercise of the decanting power or by
the terms of a second trust for disposition of later -discovered property belonging to
the first trust or property paid to or acquired by the first trust after exercise of the
power.
Collected 2026-09-05T20:59:20Z. Source file · JSON