{"data":{"id":"us-ks/k.s.a.-59-3402","jurisdiction":"us-ks","citation":"K.S.A. 59-3402","heading":"Nonvested property interest or power of appointment, creation.","body":"(a) Except as provided in subsections (b) and (c) and in subsection (a) of K.S.A. 59-3405, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.\n(b) For purposes of this act, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (i) a nonvested property interest or (ii) a property interest subject to a power of appointment described in subsection (b) or (c) of K.S.A. 59-3401, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. For purposes of this act, a joint power with respect to community property or to marital property under the uniform marital property act held by individuals married to each other is a power exercisable by one person alone.\n(c) For purposes of this act, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.","path":["Chapter 59.—PROBATE CODE","Article 34.—UNIFORM STATUTORY RULE AGAINST PERPETUITIES"],"source_url":"https://www.ksrevisor.gov/statutes/chapters/ch59/059_034_0002.html","current_through":"2025 legislative session","vintage":"","retrieved_at":"2026-10-15T06:21:41Z","sha256":"aa169d4b92d589308ecb801b1dc3b1b9d2999276d5eea03260df3a222a3cc830","source_id":"us-ks","stale":false,"prev":"us-ks/k.s.a.-59-3401","next":"us-ks/k.s.a.-59-3403"},"notice":"GroundRules: Original legal text. Not legal advice."}