In its opinion in Ladd v. Ladd, 323 S.W.3d 772 (Ky. Ct. App. 2010), the Kentucky intermediate appellate court applied the traditional rule governing funding of lifetime trusts which states that a declaration of trust by the settlor is sufficient and that conveyance of property to the trustee by separate instrument is not required. The court also affirmed the rule that after acquired property becomes trust property only if the settlor confirms the intent to make the property trust property and determined that factual issues as to after acquired property required remand.
Special thanks to William P. LaPiana (Rita and Joseph Solomon Professor of Wills, Trusts,and Estates, New York Law School) for bringing this to my attention.
