2020 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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