394.610 Right to disclaim succession.

220 words·~1 min read·/ky/chapter-394/394-610

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 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.