Kentucky SB 50: AN ACT relating to special districts.

Bill Text

CHAPTER 134
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1
CHAPTER 134
( SB 50 )
AN ACT relating to the disposition of property.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 391.010 is amended to read as follows:
When a person having right or title to any real estate or inheritance dies intestate as to such estate, it shall descend in
common to his or her kindred, male and female, in the following order, except as otherwise provided in this chapter:
(1) (a) To his or her surviving spouse as follows:
1. If there is no surviving descendant of the decedent, the entirety;
2. If the decedent is survived by one (1) or more descendants, all of whom are also descendants
of the surviving spouse, the entirety;
3. If the decedent is survived by one (1) or more descendants who are not lineal descendants of
the surviving spouse, one-half (1/2); or
4. If the decedent is survived by one (1) or more descendants, all of whom are also descendants
of the surviving spouse, and the surviving spouse has one (1) or more descendants who are not
descendants of the decedent, one-half (1/2); and
(b) Any interest in property not passing to his or her surviving spouse under this subsection, or if there is
no surviving spouse, as provided in subsections (2) to (6) of this section.
(2)[(1)] To his or her children and their descendants; if there are none, then
(3)[(2)] To his or her father and mother, if both are living, one (1) moiety each; but if the father is dead, the
mother, if living, shall take the whole estate; if the mother is dead, the whole estate shall pass to the father; if
there is no father or mother, then
(4)[(3)] To his or her brothers and sisters and their descendants; if there are none, then
[(4) To the husband or wife of the intestate; if there are none surviving, then]
(5) (a) One (1) moiety of the estate shall pass to the paternal and the other to the maternal[ kindred, in the
following order:
(a) The] grandfather and grandmother equally, if both are living; but if one is dead, the entire moiety shall
go to the survivor; if there is no grandfather or grandmother, then
(b) To the uncles and aunts and their descendants; if there are none, then
(c) To the stepchildren of the decedent[great-grandfathers and great-grandmothers, in the same manner
prescribed for grandfather and grandmother by subsection (a); if there are none, then
(d) To the brothers and sisters of the grandfathers and grandmothers and their descendants; and so on in
other cases without end, passing to the nearest lineal ancestors and their descendants].
(6) If there is no[ such] kindred[ to one of the parents] as is described in subsection (5) of this section, the whole
shall vest in the state under KRS 393.020[to go to the kindred of the other. If there is neither paternal nor
maternal kindred, the whole shall go to the kindred of the husband or wife, as if he or she had survived the
intestate and died entitled to the estate].
Section 2. KRS 392.020 is amended to read as follows:
(1) (a) After the death of the husband or wife intestate, the survivor shall have, in addition to his or her share
under Section 1 of this Act, an estate[ in fee of one-half (1/2) of the surplus real estate of which the
other spouse or anyone for the use of the other spouse, was seized of an estate in fee simple at the time
of death, and shall have an estate] for his or her life in one-third (1/3) of any real estate of which the
other spouse or anyone for the use of the other spouse, was seized of an estate in fee simple during the
coverture but not at the time of death, unless the survivor's right to the[such] interest has been barred,
forfeited, or relinquished.

ACTS OF THE GENERAL ASSEMBLY 2
(b) The survivor shall also have an absolute estate in one-half (1/2) of the surplus personalty left by the
decedent. Unless the context otherwise requires, any reference in the statutes of this state to "dower" or
"curtesy" shall be deemed to refer to the surviving spouse's interest created by this section.
(2) Except as otherwise provided in subsection (4) of this section, surplus personalty includes personal property
owned by the decedent at death that is:
(a) Payable pursuant to a:
1. Beneficiary designation;
2. Transfer on death designation; or
3. Payable on death designation, including retirement accounts whether designated as an
individual retirement account or otherwise; or
(b) Jointly owned with right of survivorship to another person.
(3) The surviving spouse's share of the decedent's surplus personalty shall be credited with any property
described in subsection (2) of this section received by the surviving spouse at the decedent's death, less the
amount of payment made for the decedent's funeral and burial expenses as confirmed by receipt of
payment, or by contract or other written document of obligation for payment.
(4) (a) Surplus personalty shall not include the death benefit payable on any life insurance policy insuring
the life