Section 456.1-114

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 456

Effective - 28 Aug 2022   

  456.1-114.  Familial relationships. — 1.  For purposes of interpreting a term of familial relationship in a trust, "descendants", "issue", "children", and similar terms of relationship shall be construed as follows:

  (1)  A child conceived or born of a marriage is presumed to be a child of the persons so married unless a judicial proceeding is commenced before the death of the presumed parent and it is finally determined in such proceeding that the presumed parent is not the parent of the child;

  (2)  A child who is not conceived or born of a marriage is presumed to not be a child of a person who did not give birth to the child unless:

  (a)  A judicial proceeding commenced before the death of such person determined that such person is a parent of the child; or

  (b)  Such person openly recognized the child as his or her child and such person has not refused to voluntarily support the child.  A trustee may rely on its discretion regarding the sufficiency of recognition or support, and the trustee shall not be liable to any person for its exercise of this discretion unless the trustee acts in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; and

  (3)  A child adopted prior to the age of eighteen is the child of an adopting parent and not of the natural parents, except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and such natural parent.

  2.  If a parent-child relationship is established pursuant to this section, the rights afforded to the child shall not be retroactive, but instead shall apply from the time the relationship is established.

  3.  The terms of a trust shall prevail over any provision of this section.

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(L. 2022 S.B. 886)