KRS 392.070: Recovery of dower or curtesy from heir, devisee or purchaser -- Value of --

Rents.

When a surviving spouse recovers dower or curtesy against the heir or devisee or

purchaser from the decedent, the dower or curtesy shall be according to the value of th e

estate when received by the heir, devisee or purchaser, and shall not include, in the

estimated value, any permanent improvements which the heir, devisee or purchaser has

made on the land. Against the heir or devisee or his alienee the surviving spouse's claim

for rent shall not exceed rent for five (5) years before the action, and against a purchaser

from the decedent the surviving spouse's claim shall be only from the commencement of

the action. In either case it shall continue up to final recovery. If, after action has been

brought, the surviving spouse or tenant dies before recovery, the rent may be recovered by

the surviving spouse's representative or against the tenant's heirs, devisees and

representatives.