392.120 Jointure -- When a bar to dower or curtesy -- Waiver of -- Indemnity for

188 words·~1 min read·/ky/392-120

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loss of.

(1)A conveyance or devise of real or personal estate, by way of jointure, may bar the

surviving spouse's interest in the property and estate of the deceased spouse. If,

however, the jointure is made before marriage without the surviving spouse's

consent, or during the surviving spouse's infancy the surviving spouse may, within

twelve

(12)months after decedent's death, waive the jointure by written

relinquishment, acknowledged or proved before, and left with, the county clerk, and

have dower, curtesy, or share of the estate as provided by KRS 392.020. A copy of

such relinquishment shall be filed with the clerk of the court in which probate was

made. When the surviving spouse so demands and receives dower, curtesy or such

share of decedent's estate, the estate conveyed or devised in lieu of dower or curtesy

shall determine and revert to the heirs or representatives of the grantor or devisor.

(2)Where the surviving spouse is lawfully deprived of jointure, or any part of jointure,

and not through any act of the surviving spouse's own, the surviving spouse shall

have indemnity for jointure out of decedent's estate.