2009 Kentucky Revised Statutes CHAPTER 392 DOWER AND CURTESY 392.070 Recovery of dower or curtesy from heir, devisee or purchaser -- Value of -- Rents.
392.070 Recovery of dower or curtesy from heir, devisee or purchaser -- Value of --
Rents.
When a surviving spouse recovers dower or curtesy against the heir or devisee or <br>purchaser from the decedent, the dower or curtesy shall be according to the value of the <br>estate when received by the heir, devisee or purchaser, and shall not include, in the <br>estimated value, any permanent improvements which the heir, devisee or purchaser has <br>made on the land. Against the heir or devisee or his alienee the surviving spouse's claim <br>for rent shall not exceed rent for five (5) years before the action, and against a purchaser <br>from the decedent the surviving spouse's claim shall be only from the commencement of <br>the action. In either case it shall continue up to final recovery. If, after action has been <br>brought, the surviving spouse or tenant dies before recovery, the rent may be recovered by <br>the surviving spouse's representative or against the tenant's heirs, devisees and <br>representatives.
History: Amended 1974 Ky. Acts ch. 386, sec. 80. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2139.
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