{"data":{"id":"us-ky/krs-140.020","jurisdiction":"us-ky","citation":"KRS 140.020","heading":"Taxation of transfers made in contemplation of death -- Revocable trusts --","body":"Presumption of contemplation -- When presumption does not apply.\n(1) The terms of this chapter shall apply to any property or interest therein, of which the\ndecedent has made a transfer by trust or otherwise, in contemplation of or intended\nto take effect in possession or enjoyment at or after death, including a transfer under\nwhich the transferor has retained for his life or any period not ending before his\ndeath (a) the possession or enjoyment of, or the income from the property; or (b) the\nactual or contingent power to designate the persons who shall possess the property\nor the income therefrom, except in the case of a bona fide sale for an adequate and\nfull consideration in money or money's worth. It shall further apply to any property\nconveyed in trust over which the settlor has a power of revocation exercisable by\nwill.\n(2) Every transfer made within three (3) years prior to the death of the grantor, vendor\nor donor of a m aterial part of his estate, or in the nature of a final disposition or\ndistribution thereof, and without an adequate valuable consideration, shall be\nconstrued prima facie to have been made in contemplation of death within the\nmeaning of this chapter. If a transfer was made more than three (3) years prior to the\ndeath of the decedent it shall be a question of fact, to be determined by the proper\ntribunal, whether the transfer was made in contemplation of death.\n(3) There shall be no presumption of contemplation of death as to certificates of deposit\njointly owned and all such certificates of deposit shall be taxed pursuant to KRS\n140.050.","path":["KRS Chapter 140"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=28974","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:33Z","sha256":"72da5fec4e70345ff96047d019284532a483a90fdf123aab29ce6a9165af0285","source_id":"us-ky","stale":false,"prev":"us-ky/krs-140.015","next":"us-ky/krs-140.030"},"notice":"GroundRules: Original legal text. Not legal advice."}
