Order Granting Authority To Establish Irrevocable Trust

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Order Granting Authority To Establish Irrevocable Trust is a commonly used form within Kansas. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

K.S.A. 59-3080 provides for the establishment of an irrevocable trust that will enable the conservatee or ward to qualify for benefits from any federal, state or local government program. In order to establish an irrevocable trust the Court's findings must be by a preponderance of the evidence. Review and compliance with 42 U.S.C. § 1396p(d)(4)(A), as amended, and applicable state law is left to the conservator’s counsel. K.S.A. 59-3080(e) requires the court to order the conservator or guardian to report any transfer of the assets in the next accounting as required by K.S.A. 59-3083.

Atticus Fast Facts About Order Granting Authority To Establish Irrevocable Trust

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Order Granting Authority To Establish Irrevocable Trust:

• This form pertains to the State of Kansas

• The relevant probate statute or Kansas laws related to this form include: K.S.A. 59-3080(e)

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Kansas’s Form 2739 - Order Granting Authority To Establish Irrevocable Trust up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Kansas form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Kansas probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form 2739, take a break, and then review. Probate and estate settlement processes in KS are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form 2739 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form 2739 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Order Granting Authority To Establish Irrevocable Trust to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Kansas.

5 reasons you should submit 2739 as quickly as possible:

1. The sooner you begin, the faster Kansas can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Kansas. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Kansas is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Kansas probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Kansas probate clerk or court for exact answers regarding Form 2739, and when in doubt— consult a qualified trust & estates lawyer for that area.

Order Granting Authority To Establish Irrevocable Trust is one of the many probate court forms available for download through Atticus.

It may also be available through some Kansas probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Kansas.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 2739 - Order Granting Authority To Establish Irrevocable Trust f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Kansas probate court office.

Order Granting Authority To Establish Irrevocable Trust is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Kansas-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Kansas Form 2739 - Order Granting Authority To Establish Irrevocable Trust. You can use this to get an idea of the context of the form and what type of information is needed.

2700-84 Kansas Probate Forms 3d 2739 (CAPTION) ORDER GRANTING AUTHORITY TO ESTABLISH IRREVOCABLE TRUST NOW, on this day, the Court hears the petition of Mary Roe requesting that the Court grant to the conservator the authority to establish an irrevocable trust for Richard Roe. Petitioner appears in person and by her attorney W. B. Pleader. [Richard Roe appears by A. B. Defender, his attorney.] There are no other appearances. After examining the files, and hearing the evidence, statements and arguments of counsel, the Court finds that: \\u0018. Notice of this hearing has been given to all interested parties as required by law and the order of this Court and proof has been filed and is approved. OR [Notice of this hearing is not necessary as all interested parties as required by law have entered appearance, waived notice of hearing on the petition, consented to the immediate hearing of said petition without further notice and agreed that the Court may grant to the conservator the authority to establish the proposed trust, all of which is accepted and approved by the Court.] 2. The allegations of the petition are true. 3. The Court has reviewed the proposed trust instrument and finds by a preponderance of the evidence that: a. Establishment of the proposed Richard Roe Supplemental Care Trust (the Trust), an irrevocable trust, a copy of which is attached as set forth in the Petition, will enable Richard Roe to qualify or will accelerate his qualification for benefits from federal, state or local government programs. b. Richard Roe will be the sole beneficiary of this trust. c. The terms of this trust will not extend beyond the lifetime of Richard Roe. d. The provisions of this trust provide for the distribution of the trust estate for the benefit of Richard Roe for special needs not satisfied from governmental benefits and that such distributions made for special 2021 2700-85 Kansas Probate Forms 3d needs not satisfied from governmental benefits will only be made in similar manner and under similar circumstances as the conservatee's estate would otherwise have been distributed by the conservator for the benefit of the conservatee had the trust not been established. [e. The terms of this trust grant the trustee discretion to terminate the trust during the lifetime of Richard Roe, but it is provided that the trustee may not exercise this right if termination of the trust will disqualify Richard Roe from being eligible for any governmental benefits.] f. Upon termination of this trust, the remaining trust estate will first be expended to reimburse governmental entities for the benefits which have been provided to Richard Roe, if such reimbursement is required as a condition for Richard Roe's qualification for such benefits, with the remaining trust estate balance to be paid over and assigned in the manner provided in K.S.A. 59-3080(e)(6). 4. The following fees are allowed as a part of the costs, which shall be paid from the conservatee’s estate: Mary Roe, Conservator $ W.B. Pleader $ A.B. Defender $ THE COURT ORDERS that: 1. The above findings are made a part of the order of the Court. 2. Mary Roe as conservator is granted authority to establish the Richard Roe Supplemental Care Trust as filed with the Petition for Authorization to Establish Irrevocable Trust and to transfer to the trust the assets held by the conservator, which transfer shall be reported in the next accounting of the conservator. 3. The conservator, acting as trustee of the trust, shall report and account to the Court concerning the trust estate, the same as if the trust estate remained within the conservatee’s estate. 4. The above fees and costs shall be paid from the conservatee’s estate. THIS ORDER IS EFFECTIVE as of the date and time shown on the electronic file stamp. 2021 2700-86 Kansas Probate Forms 3d Reference K.S.A. 59-3080(e). Comment K.S.A. 59-3080 provides for the establishment of an irrevocable trust that will enable the conservatee or ward to qualify for benefits from any federal, state or local government program. In order to establish an irrevocable trust the Court's findings must be by a preponderance of the evidence. Review and compliance with 42 U.S.C. § \\u0018396p(d)(4)(A), as amended, and applicable state law is left to the conservator’s counsel. K.S.A. 59-3080(e) requires the court to order the conservator or guardian to report any transfer of the assets in the next accounting as required by K.S.A. 59-3083. 2015