Kentucky Statutes 394.610 – Right to disclaim succession
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(1) As used in this section, the “legal representative of a living person” includes the person’s conservator, limited conservator, guardian, limited guardian, and attorney- in-fact.
(2) A living person, or the legal representative of a living person, who is an heir, next of kin, devisee, legatee, joint tenant, person succeeding to a disclaimed interest, beneficiary under a testamentary instrument, or appointee under a power of appointment exercised by a testamentary instrument, may disclaim in whole or in part the right of succession to any property or interest therein, including a future interest, by filing a written disclaimer under KRS § 394.610 to KRS § 394.670. The right to disclaim shall survive the death of the person having it and may be exercised by the personal representative of such person’s estate without authorization of the court having jurisdiction over the estate of the person. The instrument shall:
(a) Describe the property or interest disclaimed; (b) Declare the disclaimer and extent thereof; and (c) Be signed by the disclaimant.
(3) No disclaimer by a living person’s legal representative, except for the person’s attorney-in-fact, shall be made unless the court having jurisdiction of the estate of the disabled, incapacitated, or protected person has authorized the disclaimer. No disclaimer by the person’s attorney-in-fact shall be made unless the instrument governing the attorney-in-fact’s authority expressly authorizes a disclaimer.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 267, sec. 3, effective July 15, 1998. — Amended
1980 Ky. Acts ch. 259, sec. 17, effective July 15, 1980. — Created 1974 Ky. Acts ch.
329, sec. 1.
(2) A living person, or the legal representative of a living person, who is an heir, next of kin, devisee, legatee, joint tenant, person succeeding to a disclaimed interest, beneficiary under a testamentary instrument, or appointee under a power of appointment exercised by a testamentary instrument, may disclaim in whole or in part the right of succession to any property or interest therein, including a future interest, by filing a written disclaimer under KRS § 394.610 to KRS § 394.670. The right to disclaim shall survive the death of the person having it and may be exercised by the personal representative of such person’s estate without authorization of the court having jurisdiction over the estate of the person. The instrument shall:
Terms Used In Kentucky Statutes 394.610
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Legatee: A beneficiary of a decedent
(a) Describe the property or interest disclaimed; (b) Declare the disclaimer and extent thereof; and (c) Be signed by the disclaimant.
(3) No disclaimer by a living person’s legal representative, except for the person’s attorney-in-fact, shall be made unless the court having jurisdiction of the estate of the disabled, incapacitated, or protected person has authorized the disclaimer. No disclaimer by the person’s attorney-in-fact shall be made unless the instrument governing the attorney-in-fact’s authority expressly authorizes a disclaimer.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 267, sec. 3, effective July 15, 1998. — Amended
1980 Ky. Acts ch. 259, sec. 17, effective July 15, 1980. — Created 1974 Ky. Acts ch.
329, sec. 1.