2014 Kentucky Revised Statutes CHAPTER 381 - TITLE TO PROPERTY AND RESTRICTIONS ON USE, OWNERSHIP, AND ALIENATION 381.280 Forfeiture of right to property for killing or victimizing decedent -- Exemptions -- Escheat to elder and vulnerable victims trust fund.
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381.280 Forfeiture of right to property for killing or victimizing decedent -Exemptions -- Escheat to elder and vulnerable victims trust fund.
(1)
(2)
(3)
If the husband, wife, heir-at-law, beneficiary under a will, joint tenant with the
right of survivorship or the beneficiary under any insurance policy takes the life
of the decedent or victimizes the decedent by the commission of any felony
under KRS Chapter 209 and in either circumstance is convicted therefor, the
person so convicted forfeits all interest in and to the property of the decedent,
including any interest he or she would receive as surviving joint tenant, and the
property interest or insurable interest so forfeited descends to the decedent's
other heirs-at-law, beneficiaries, or joint tenants, unless otherwise disposed of
by the decedent. A judge sentencing a person for a offense that triggers a
forfeiture under this section shall inform the defendant of the provisions of this
section at sentencing.
A forfeiture under subsection (1) of this section:
(a) Shall not apply in cases involving the commission of any felony under
KRS Chapter 209 where the will, deed, or insurance policy was executed
prior to January 1, 2012;
(b) Shall not apply in cases where the decedent, with knowledge of the
person's disqualification, reaffirmed the right of the husband, wife,
heir-at-law, beneficiary under a will, joint tenant with the right of
survivorship, or insurance policy beneficiary to receive the property by
executing a new or modified will or codicil, insurance policy or policy
modification, or deed; and
(c) Shall not apply in cases of a felony under KRS Chapter 209 committed
prior to January 1, 2012.
If, after the provisions of this section are applied, there are no other
heirs-at-law, beneficiaries, or joint tenants of the decedent as to all or part of
the interest forfeited, the forfeited interest shall escheat to the state under KRS
Chapter 393. The Department of the Treasury shall, after liquidation of the
interest, pay the proceeds into the elder and vulnerable adult victims trust fund
established in KRS 41.305.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 95, sec. 1, effective July 12, 2012. -Amended 2011 Ky. Acts ch. 43, sec. 2, effective January 1, 2012; and ch. 43,
sec. 3, effective June 8, 2011. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 1406a.
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