KRS 411.130: Action for wrongful death -- Personal representative to prosecute --

Distribution of amount recovered.

(1) Whenever the death of a person results from an injury inflicted by the negligence or

wrongful act of another, damages may be recovered for the d eath from the person

who caused it, or whose agent or servant caused it. If the act was willful or the

negligence gross, punitive damages may be recovered. The action shall be

prosecuted by the personal representative of the deceased.

(2) The amount recove red, less funeral expenses and the cost of administration and

costs of recovery including attorney fees, not included in the recovery from the

defendant, shall be for the benefit of and go to the kindred of the deceased in the

following order:

(a) If the d eceased leaves a widow or husband, and no children or their

descendants, then the whole to the widow or husband.

(b) If the deceased leaves a widow and children or a husband and children, then

one-half (1/2) to the widow or husband and the other one -half ( 1/2) to the

children of the deceased.

(c) If the deceased leaves a child or children, but no widow or husband, then the

whole to the child or children.

(d) If the deceased leaves no widow, husband or child, then the recovery shall

pass to the mother and fa ther of the deceased, one (1) moiety each, if both are

living; if the mother is dead and the father is living, the whole thereof shall

pass to the father; and if the father is dead and the mother living, the whole

thereof shall go to the mother. In the eve nt the deceased was an adopted

person, "mother" and "father" shall mean the adoptive parents of the deceased.

(e) If the deceased leaves no widow, husband or child, and if both father and

mother are dead, then the whole of the recovery shall become a part of the

personal estate of the deceased, and after the payment of his debts the

remainder, if any, shall pass to his kindred more remote than those above

named, according to the law of descent and distribution.