59-3081.Authority of conservator to establishextended distribution plan for minor's estate; petition; contents; notice;hearing; procedure.(a) At any time after the17th birthday of a minor conservatee who has not been adjudged to be aminor with animpairment in need of a guardian or conservator, or both, but before 30 daysprior to the minor's18th birthday, the conservator may file a verified petition requestingthat the court grantauthority to the conservator to establish a plan for the extended distributionof the minor's estate tothe minor after the minor's 18th birthday. The petition shall include:
(1) The conservator's name and address, and if the conservator is also theminor's courtappointed guardian, that fact;
(2) the minor's name, age, date of birth, address of permanent residence, andpresent addressor whereabouts, if different from the minor's permanent residence;
(3) the name and address of the minor's court appointed guardian, if aguardian has beenappointed by the court and is different from the petitioner;
(4) the names and addresses of any spouse of the minor, and those of anyparent and adult siblings of the minor, or if none, that fact. If no suchnames or addresses are known to the petitioner,but the petitioner has reason to believe that such persons exist, then thepetition shall state that factand that the petitioner has made diligent inquiry to learn those names andaddresses;
(5) a description of the funds or assets of the minor's estate which theconservator proposesto distribute to the minor over an extended period following the minor's 18thbirthday;
(6) the factual basis upon which the conservator alleges the need for such anextendeddistribution plan;
(7) a description of the plan proposed by the conservator and how and by whatmeans thedistribution will occur if the court grants to the conservator the authority toestablish such a plan;
(8) the names and addresses of witnesses by whom the truth of this petitionmay be proved;and
(9) a request that the court find that the conservator should be granted suchauthority, and thatthe court grant to the conservator the authority to establish such an extendeddistribution plan.
(b) Upon the filing of such a petition, the court shall issue an order fixingthe date, time andplace of a hearing on the petition, which hearing may be held forthwith andwithout further noticeif the minor and those other persons named within the petition pursuant to therequirements ofsubsection (a)(4), as applicable, have entered their appearance, waivednotice, and agreed tothe court's granting to the conservator the authority to establish the plan forthe extended distributionof the minor's estate as contained within the petition. Otherwise, the courtshall require theconservator to give notice of this hearing to the minor and those other personsin such manner as thecourt may direct. The court shall require that the notice be accompanied by acopy of the petitioncontaining a description of the plan proposed by the conservator. The courtshall require that the notice advise the minor and those other persons that ifthey have any objections to this authoritybeing granted to the conservator, that they must file their written objectionswith the court prior tothe scheduled hearing or that they must appear at the hearing to present thoseobjections. The courtmay appoint an attorney to represent the minor in this matter similarly asprovided for in subsection (a)(3) of K.S.A. 59-3063, and amendmentsthereto, and insuch event, the court shall require the conservator to alsogive this notice to that attorney.
(c) At the conclusion of the hearing, if the court finds by a preponderanceof the evidencethat:
(1) Based upon the value, nature and character of the assets within theminor's estate, the minor does not possess the maturity and judgment to makedeterminations and act responsibly with regard to such estate, and thattherefore it is in the best interests of the minor that the court grant thisauthority to theconservator;
(2) the plan approved by the court will fully distribute all of the funds andassets of theminor's estate to the minor by the minor's 25th birthday; and
(3) the plan approved by the court adequately provides for meeting theexpected needs of theminor from the minor's 18th birthday until the final distribution of thefunds or assets whichthe court authorizes to be set aside or transferred from the estate are paidover to the minor, includingprovisions for accelerated distribution in extraordinary circumstances, whichmay require courtapproval, then the court may grant to the conservator the authority toestablish such a plan and toeffectuate it. The court shall order the conservator to report any expenditureor transfer of funds orassets from the minor's estate for the purposes of effectuating this planwithin the conservator's nextaccounting as required by K.S.A. 59-3083, and amendments thereto.
(d) The court may require that the conservator continue to administer theplan after the minorbecomes 18 years of age. The court may extend the conservatorship with regardto the funds orassets of the minor's estate which are set aside to effectuate the plan and insuch case the conservator shall continue to be subject to the same requirementsand limitations as provided for inthis actconcerning conservatorships and shall report and account to the courtconcerning the plan'sexecution, even though other funds or assets of the minor's estate are paidover to the minor uponthe minor's becoming 18 years of age.
(e) The minor shall be without the power, voluntarily or involuntarily, tosell, mortgage,pledge, hypothecate, assign, alienate, anticipate, transfer or convey anyinterest in the principal orthe income from any funds or assets of the minor's estate set aside ortransferred to effectuate a planfor extended distribution as herein provided until such is actually paid to theminor.
59-3081.Authority of conservator to establishextended distribution plan for minor's estate; petition; contents; notice;hearing; procedure.(a) At any time after the17th birthday of a minor conservatee who has not been adjudged to be aminor with animpairment in need of a guardian or conservator, or both, but before 30 daysprior to the minor's18th birthday, the conservator may file a verified petition requestingthat the court grantauthority to the conservator to establish a plan for the extended distributionof the minor's estate tothe minor after the minor's 18th birthday. The petition shall include:
(1) The conservator's name and address, and if the conservator is also theminor's courtappointed guardian, that fact;
(2) the minor's name, age, date of birth, address of permanent residence, andpresent addressor whereabouts, if different from the minor's permanent residence;
(3) the name and address of the minor's court appointed guardian, if aguardian has beenappointed by the court and is different from the petitioner;
(4) the names and addresses of any spouse of the minor, and those of anyparent and adult siblings of the minor, or if none, that fact. If no suchnames or addresses are known to the petitioner,but the petitioner has reason to believe that such persons exist, then thepetition shall state that factand that the petitioner has made diligent inquiry to learn those names andaddresses;
(5) a description of the funds or assets of the minor's estate which theconservator proposesto distribute to the minor over an extended period following the minor's 18thbirthday;
(6) the factual basis upon which the conservator alleges the need for such anextendeddistribution plan;
(7) a description of the plan proposed by the conservator and how and by whatmeans thedistribution will occur if the court grants to the conservator the authority toestablish such a plan;
(8) the names and addresses of witnesses by whom the truth of this petitionmay be proved;and
(9) a request that the court find that the conservator should be granted suchauthority, and thatthe court grant to the conservator the authority to establish such an extendeddistribution plan.
(b) Upon the filing of such a petition, the court shall issue an order fixingthe date, time andplace of a hearing on the petition, which hearing may be held forthwith andwithout further noticeif the minor and those other persons named within the petition pursuant to therequirements ofsubsection (a)(4), as applicable, have entered their appearance, waivednotice, and agreed tothe court's granting to the conservator the authority to establish the plan forthe extended distributionof the minor's estate as contained within the petition. Otherwise, the courtshall require theconservator to give notice of this hearing to the minor and those other personsin such manner as thecourt may direct. The court shall require that the notice be accompanied by acopy of the petitioncontaining a description of the plan proposed by the conservator. The courtshall require that the notice advise the minor and those other persons that ifthey have any objections to this authoritybeing granted to the conservator, that they must file their written objectionswith the court prior tothe scheduled hearing or that they must appear at the hearing to present thoseobjections. The courtmay appoint an attorney to represent the minor in this matter similarly asprovided for in subsection (a)(3) of K.S.A. 59-3063, and amendmentsthereto, and insuch event, the court shall require the conservator to alsogive this notice to that attorney.
(c) At the conclusion of the hearing, if the court finds by a preponderanceof the evidencethat:
(1) Based upon the value, nature and character of the assets within theminor's estate, the minor does not possess the maturity and judgment to makedeterminations and act responsibly with regard to such estate, and thattherefore it is in the best interests of the minor that the court grant thisauthority to theconservator;
(2) the plan approved by the court will fully distribute all of the funds andassets of theminor's estate to the minor by the minor's 25th birthday; and
(3) the plan approved by the court adequately provides for meeting theexpected needs of theminor from the minor's 18th birthday until the final distribution of thefunds or assets whichthe court authorizes to be set aside or transferred from the estate are paidover to the minor, includingprovisions for accelerated distribution in extraordinary circumstances, whichmay require courtapproval, then the court may grant to the conservator the authority toestablish such a plan and toeffectuate it. The court shall order the conservator to report any expenditureor transfer of funds orassets from the minor's estate for the purposes of effectuating this planwithin the conservator's nextaccounting as required by K.S.A. 59-3083, and amendments thereto.
(d) The court may require that the conservator continue to administer theplan after the minorbecomes 18 years of age. The court may extend the conservatorship with regardto the funds orassets of the minor's estate which are set aside to effectuate the plan and insuch case the conservator shall continue to be subject to the same requirementsand limitations as provided for inthis actconcerning conservatorships and shall report and account to the courtconcerning the plan'sexecution, even though other funds or assets of the minor's estate are paidover to the minor uponthe minor's becoming 18 years of age.
(e) The minor shall be without the power, voluntarily or involuntarily, tosell, mortgage,pledge, hypothecate, assign, alienate, anticipate, transfer or convey anyinterest in the principal orthe income from any funds or assets of the minor's estate set aside ortransferred to effectuate a planfor extended distribution as herein provided until such is actually paid to theminor.
59-3081.Authority of conservator to establishextended distribution plan for minor's estate; petition; contents; notice;hearing; procedure.(a) At any time after the17th birthday of a minor conservatee who has not been adjudged to be aminor with animpairment in need of a guardian or conservator, or both, but before 30 daysprior to the minor's18th birthday, the conservator may file a verified petition requestingthat the court grantauthority to the conservator to establish a plan for the extended distributionof the minor's estate tothe minor after the minor's 18th birthday. The petition shall include:
(1) The conservator's name and address, and if the conservator is also theminor's courtappointed guardian, that fact;
(2) the minor's name, age, date of birth, address of permanent residence, andpresent addressor whereabouts, if different from the minor's permanent residence;
(3) the name and address of the minor's court appointed guardian, if aguardian has beenappointed by the court and is different from the petitioner;
(4) the names and addresses of any spouse of the minor, and those of anyparent and adult siblings of the minor, or if none, that fact. If no suchnames or addresses are known to the petitioner,but the petitioner has reason to believe that such persons exist, then thepetition shall state that factand that the petitioner has made diligent inquiry to learn those names andaddresses;
(5) a description of the funds or assets of the minor's estate which theconservator proposesto distribute to the minor over an extended period following the minor's 18thbirthday;
(6) the factual basis upon which the conservator alleges the need for such anextendeddistribution plan;
(7) a description of the plan proposed by the conservator and how and by whatmeans thedistribution will occur if the court grants to the conservator the authority toestablish such a plan;
(8) the names and addresses of witnesses by whom the truth of this petitionmay be proved;and
(9) a request that the court find that the conservator should be granted suchauthority, and thatthe court grant to the conservator the authority to establish such an extendeddistribution plan.
(b) Upon the filing of such a petition, the court shall issue an order fixingthe date, time andplace of a hearing on the petition, which hearing may be held forthwith andwithout further noticeif the minor and those other persons named within the petition pursuant to therequirements ofsubsection (a)(4), as applicable, have entered their appearance, waivednotice, and agreed tothe court's granting to the conservator the authority to establish the plan forthe extended distributionof the minor's estate as contained within the petition. Otherwise, the courtshall require theconservator to give notice of this hearing to the minor and those other personsin such manner as thecourt may direct. The court shall require that the notice be accompanied by acopy of the petitioncontaining a description of the plan proposed by the conservator. The courtshall require that the notice advise the minor and those other persons that ifthey have any objections to this authoritybeing granted to the conservator, that they must file their written objectionswith the court prior tothe scheduled hearing or that they must appear at the hearing to present thoseobjections. The courtmay appoint an attorney to represent the minor in this matter similarly asprovided for in subsection (a)(3) of K.S.A. 59-3063, and amendmentsthereto, and insuch event, the court shall require the conservator to alsogive this notice to that attorney.
(c) At the conclusion of the hearing, if the court finds by a preponderanceof the evidencethat:
(1) Based upon the value, nature and character of the assets within theminor's estate, the minor does not possess the maturity and judgment to makedeterminations and act responsibly with regard to such estate, and thattherefore it is in the best interests of the minor that the court grant thisauthority to theconservator;
(2) the plan approved by the court will fully distribute all of the funds andassets of theminor's estate to the minor by the minor's 25th birthday; and
(3) the plan approved by the court adequately provides for meeting theexpected needs of theminor from the minor's 18th birthday until the final distribution of thefunds or assets whichthe court authorizes to be set aside or transferred from the estate are paidover to the minor, includingprovisions for accelerated distribution in extraordinary circumstances, whichmay require courtapproval, then the court may grant to the conservator the authority toestablish such a plan and toeffectuate it. The court shall order the conservator to report any expenditureor transfer of funds orassets from the minor's estate for the purposes of effectuating this planwithin the conservator's nextaccounting as required by K.S.A. 59-3083, and amendments thereto.
(d) The court may require that the conservator continue to administer theplan after the minorbecomes 18 years of age. The court may extend the conservatorship with regardto the funds orassets of the minor's estate which are set aside to effectuate the plan and insuch case the conservator shall continue to be subject to the same requirementsand limitations as provided for inthis actconcerning conservatorships and shall report and account to the courtconcerning the plan'sexecution, even though other funds or assets of the minor's estate are paidover to the minor uponthe minor's becoming 18 years of age.
(e) The minor shall be without the power, voluntarily or involuntarily, tosell, mortgage,pledge, hypothecate, assign, alienate, anticipate, transfer or convey anyinterest in the principal orthe income from any funds or assets of the minor's estate set aside ortransferred to effectuate a planfor extended distribution as herein provided until such is actually paid to theminor.
