KRS 386B.6-040: Limitation on action contesting validity of revocable trust --

Distribution of trust property.

(1) A person may commence a judicial proceeding to contest the validity of a trust that

was revocable at the settlor's death within the earlier of:

(a) Two (2) years after the settlor's death; or

(b) Ninety (90) days after the trustee sent the person a copy of the trust instrument

and a notice informing the person of the trust's existence, of the trustee's name

and address, and of the time allowed for commencing a proceeding.

(2) Upon the death of the settlor of a trust that was revocable at the settlor's death, the

trustee may proceed to distribute the trust property in accordance with the terms of

the trust. The trustee is not subject to liability for doing so unless:

(a) The trustee knows of a pending judicial proceeding contesting the validity of

the trust; or

(b) A potential contestant has notified the trustee of a possible judicial proceeding

to contest the trust and a judicial proceeding is commenced within sixty (60)

days after the contestant sent the notification.

(3) A beneficiary of a trust that is determined to have been invalid is liable to return any

distribution received.