Kansas 2025-2026 Regular Session

Kansas House Bill HB2590

Introduced

1/29/26

Refer

1/29/26

Report Pass

2/11/26

Engrossed

2/18/26

Refer

2/19/26

Report Pass

3/11/26

Enrolled

4/9/26

Passed

4/9/26

Caption

Enacting the Kansas community property trust act to authorize the use of community property trusts during the marriage of settlor spouses and amending the Kansas uniform trust code to allow trustees to reimburse settlors of grantor trusts, authorize the use of designated representatives for trusts and permit the terms of a governing instrument to expand, restrict or eliminate certain general rules applicable to fiduciaries, trusts and trust administration.

Impact

The enactment of HB 2590 will significantly impact property management laws in Kansas by formally recognizing community property trusts. This change will allow both spouses to have equal management and control over assets held within these trusts, changing the traditional dynamics associated with property ownership. Specifically, the act stipulates how property is treated upon the dissolution of marriage, ensuring that shared assets are equitably divided while retaining their community property character unless otherwise noted in the trust agreement. Furthermore, it introduces adjustments to existing trust laws to provide clearer guidelines for trustees in managing community property trusts.

Summary

House Bill 2590 enacts the Kansas Community Property Trust Act, establishing a legal framework for creating community property trusts during the marriage of settlor spouses. This legislation allows spouses to transfer property into a trust that can be managed collectively, thereby designating it as community property, distinctly shifting how property is treated in matters of ownership and distribution during marriage and divorce. The bill also updates the Kansas Uniform Trust Code to include provisions for financial responsibilities and authority aligned with community property laws.

Sentiment

The sentiment surrounding HB 2590 appears to be generally supportive, especially among those advocating for clearer laws regarding property and marital assets. Proponents argue that establishing community property trusts simplifies the administration of marital property and ensures equitable treatment of assets among spouses. However, there may be some concerns about potential implications for individual rights in property management, particularly regarding how equitable distribution works in divorce proceedings and the potential for a lack of independence in asset management under such trusts.

Contention

Notable points of contention connected to HB 2590 include worries about the voluntary nature of establishing such trusts and the implications for equitable distribution during divorce. Critics may raise concerns about the fairness of a system that could compel a spouse to enter into a trust agreement without adequate legal representation or understanding of its ramifications. Additionally, issues related to designation of trustees and the rights of beneficiaries—especially in cases involving minors or incapacitated individuals—might lead to discussions regarding the adequacy of protections for those parties under the new law.

Latest KS HB2590 Activity

View All Events: KS 2025-2026 Regular Session HB2590

Companion Bills

No companion bills found.

Previously Filed As

KS HB2002

Expanding medical assistance eligibility and enacting the cutting healthcare costs for all Kansans act.

KS SCR1604

Proposing to amend section 1 of article 11 of the constitution of the state of Kansas to limit property tax valuation increases for real property and personal property mobile homes.

KS HB2001

Authorizing the secretary of commerce to enter into agreements with major professional sports franchises to establish STAR bond projects for a major professional sports complex, providing for additional revenue sources, expanding the powers and discretion of the secretary and making other changes to the STAR bonds financing act to facilitate such projects, limiting the secretary’s authority to approve such projects to one year unless extended by the legislative coordinating council, authorizing the Kansas development finance authority to issue STAR bonds for such projects, transferring funds under certain circumstances from the state gaming revenues fund to the attracting professional sports to Kansas fund for the fiscal year ending June 30, 2025, and, if approved by the legislative coordinating council, for the fiscal year ending June 30, 2026.

KS SCR1603

Proposing to amend section 1 of article 11 of the constitution of the state of Kansas to limit property tax valuation increases for residential property.

KS SB1

Modifying income tax rates for individuals, exempting all social security benefits from Kansas income tax, increasing the Kansas standard deduction and the Kansas personal exemption, increasing the income tax credit amount for household and dependent care expenses, decreasing the privilege tax normal tax, excluding internal revenue code section 1031 exchange transactions as indicators of fair market value for property tax valuation purposes, increasing the extent of property tax exemption for residential property from the statewide school levy, providing for certain transfers to the state school district finance fund and abolishing the local ad valorem tax reduction fund and the county and city revenue sharing fund.

KS SCR1602

Approving the creation of a port authority in Wyandotte County Kansas.

KS SB2

Eliminating the income limit to qualify for the subtraction modification exempting social security benefits, increasing the income tax credit amount for household and dependent care expenses, establishing the veterans' valor property tax relief act providing for an income tax credit or refund for eligible individuals, citing the increased property tax homestead refund claim section as the homeowners' property tax freeze program, decreasing the normal privilege tax rate, increasing the extent of property tax exemption for residential property from the statewide school levy, decreasing the rate of ad valorem tax imposed by a school district; providing for certain transfers to the state school district finance fund, reducing the state rate of tax on sales of food and food ingredients and modifying the percent credited to the state highway fund from revenue collected.

KS HB2003

Establishing the veterans' valor property tax relief act providing for an income tax credit or refund for eligible individuals, modifying the definition of household income and increasing the appraised value threshold for eligibility of seniors and disabled veterans related to increased property tax claims and citing the section as the homeowners' property tax freeze program, providing property tax exemptions for certain personal property including watercraft, marine equipment, off-road vehicles, motorized bicycles and certain trailers, excluding internal revenue code section 1031 exchange transactions as indicators of fair market value, providing for certain exclusions from the prohibition of paying taxes under protest after a valuation notice appeal and providing four prior years' values on the annual valuation notice.

KS SCR1601

Informing the Governor that the two houses of the Legislature are organized and ready to receive communications.

KS SB7

Authorizing federally licensed firearm dealers, in addition to county sheriffs, to receive applications for concealed carry licenses and forward such applications to the attorney general, prohibiting sheriffs from assessing any fee related to application services and allowing dealers to assess a fee related to application services not to exceed $20.