Simms v. Estate of Blake
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The Supreme Court affirmed the judgment of the court of appeals affirming the trial court's ruling that Ky. Rev. Stat. 391.033 and Ky. Rev. Stat. 411.137 (together, "Mandy Jo's Law") precluded Appellant from recovering his intestate share of the settlement proceeds connected with the wrongful death of his son, Brandon Blake, holding that the trial court did not err in finding that Appellant willfully abandoned Brandon.
Specifically, the Supreme Court held (1) the circuit court's failure to remove Appellees Melanie and Derek Blake as co-administrators of Brandon's estate was harmless error; (2) the trial court correctly employed the preponderance of the evidence standard of proof; (3) the trial court did not clearly err in finding that Appellant willfully abandoned Brandon under sections 391.033 and 411.137; and (4) equitable estoppel did not preclude Melanie from raising Mandy Jo's Law as a defense.
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