Kentucky Statutes 387.280 – Handling amount of not more than $10,000 due to person under disability who has reached age of 18
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(1) When a person under disability who has reached the age of eighteen (18), having no guardian or conservator, is entitled to receive a sum not exceeding ten thousand dollars ($10,000), exclusive of interest, in any action in which real estate has been sold, or in the settlement of any estate, or from any other source, the person having custody of the person under disability may settle or compromise the dollar amount when in the interest of the person under disability.
(2) The court in which the action is pending, or, if the sum does not derive from the action, the District Court, may order the sum to be paid to the person having custody of the person under disability. Before entering the order, the court shall approve any settlement or compromise and shall be satisfied by affidavit or oral testimony that the person under disability is in the custody of the person to whom it is proposed to pay the money and the latter, upon withdrawal of the money, shall be under obligation as trustee to expend it, for the support, maintenance, or education of the person under disability.
(3) When the order is made, no bond shall be required of the person having custody of the person under disability. If the sum due to the person under disability is from the sale of real property, the purchaser of the real property may pay the share of the person under disability into court, and no lien shall remain on the property therefor. The money may be withdrawn by the person mentioned in the order without that person giving bond.
(4) A release executed by the person to whom the court has ordered the sum paid shall have the same effect as a release by a duly appointed guardian.
Effective:April 8, 2022
History: Amended 2022 Ky. Acts ch. 182, sec. 2, effective April 8, 2022. — Amended 1996 Ky. Acts ch. 92, sec. 1, effective July 15, 1996. — Amended
1992 Ky. Acts ch. 425, sec. 2, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 487, sec. 21, effective July 13, 1990. — Amended 1982 Ky. Acts ch. 141 sec. 140, effective July 1, 1982. — Amended 1980 Ky. Acts ch. 259, sec. 7, effective July 15, 1980. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec.
340, effective January 2, 1978. — Amended 1976 Ky. Acts ch. 218, sec. 20. — Amended 1970 Ky. Acts ch. 266, sec. 1. — Amended 1956 Ky. Acts ch. 201, sec. 1. — Amended 1950 Ky. Acts ch. 102, sec. 1. — Amended 1944 Ky. Acts ch.
115, sec. 3. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. sec. 3885-1.
Note: 1980 Ky. Acts ch. 396, sec. 150 would have repealed this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.
(2) The court in which the action is pending, or, if the sum does not derive from the action, the District Court, may order the sum to be paid to the person having custody of the person under disability. Before entering the order, the court shall approve any settlement or compromise and shall be satisfied by affidavit or oral testimony that the person under disability is in the custody of the person to whom it is proposed to pay the money and the latter, upon withdrawal of the money, shall be under obligation as trustee to expend it, for the support, maintenance, or education of the person under disability.
Terms Used In Kentucky Statutes 387.280
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trustee: A person or institution holding and administering property in trust.
(3) When the order is made, no bond shall be required of the person having custody of the person under disability. If the sum due to the person under disability is from the sale of real property, the purchaser of the real property may pay the share of the person under disability into court, and no lien shall remain on the property therefor. The money may be withdrawn by the person mentioned in the order without that person giving bond.
(4) A release executed by the person to whom the court has ordered the sum paid shall have the same effect as a release by a duly appointed guardian.
Effective:April 8, 2022
History: Amended 2022 Ky. Acts ch. 182, sec. 2, effective April 8, 2022. — Amended 1996 Ky. Acts ch. 92, sec. 1, effective July 15, 1996. — Amended
1992 Ky. Acts ch. 425, sec. 2, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 487, sec. 21, effective July 13, 1990. — Amended 1982 Ky. Acts ch. 141 sec. 140, effective July 1, 1982. — Amended 1980 Ky. Acts ch. 259, sec. 7, effective July 15, 1980. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec.
340, effective January 2, 1978. — Amended 1976 Ky. Acts ch. 218, sec. 20. — Amended 1970 Ky. Acts ch. 266, sec. 1. — Amended 1956 Ky. Acts ch. 201, sec. 1. — Amended 1950 Ky. Acts ch. 102, sec. 1. — Amended 1944 Ky. Acts ch.
115, sec. 3. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. sec. 3885-1.
Note: 1980 Ky. Acts ch. 396, sec. 150 would have repealed this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.