Kentucky Statutes 388.200 – Administrator of veterans affairs is necessary party to proceedings relating to estate of beneficiary — Notice
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The administrator of veterans affairs, or his successor, is and shall be a party in interest in any proceeding brought under any law of this state for the appointment of a guardian or conservator for any beneficiary, who is a minor or who has been adjudged mentally disabled, or the Veterans Affairs on whose account benefits have been paid or are payable by said Veterans Affairs, and the said administrator or his successor is and shall be an interested party in any court proceeding pertaining to or affecting in any manner the administration of the estate of any such beneficiary on whose account such benefits are payable or whose estate includes assets derived from benefits paid by the Veterans Affairs, its predecessor or successor. Written notice shall be given by certified mail, return receipt requested, unless waived in writing, to the office of the Veterans Affairs having jurisdiction over the area in which the court is located, of the time and place for hearing on any petition or pleading or in connection with any proceeding pertaining to or affecting in any manner the administration of the estate of any such beneficiary of the Veterans Affairs. Said notice shall be deposited in the mails not less than fifteen (15) days prior to the date of such hearing or other proceedings.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 42, sec. 21, effective June 29, 2017. — Amended 1984 Ky. Acts ch. 111, sec. 156, effective July 13, 1984. — Amended
1982 Ky. Acts ch. 141, sec. 116, effective July 1, 1982. — Amended 1974 Ky. Acts ch. 315, sec. 83. — Created 1942 Ky. Acts ch. 25, sec. 1A.
Note. 1980 Ky. Acts ch. 396, sec. 127 would have amended 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 Acts ch. 396 was repealed by 1982 Ky.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.
Effective:June 29, 2017
Terms Used In Kentucky Statutes 388.200
- administrator: means the administrator of veterans affairs or his successor. See Kentucky Statutes 388.190
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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
- benefits: shall mean all moneys paid or payable by the United
States through the Veterans Affairs. See Kentucky Statutes 388.190 - Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - court: means the District Court of the county of the beneficiary's residence. See Kentucky Statutes 388.190
- 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.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Veterans Affairs: means the United States Department of Veterans
Affairs, its predecessors or successors. See Kentucky Statutes 388.190
History: Amended 2017 Ky. Acts ch. 42, sec. 21, effective June 29, 2017. — Amended 1984 Ky. Acts ch. 111, sec. 156, effective July 13, 1984. — Amended
1982 Ky. Acts ch. 141, sec. 116, effective July 1, 1982. — Amended 1974 Ky. Acts ch. 315, sec. 83. — Created 1942 Ky. Acts ch. 25, sec. 1A.
Note. 1980 Ky. Acts ch. 396, sec. 127 would have amended 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.