{"data":{"id":"us-ky/krs-381.280","jurisdiction":"us-ky","citation":"KRS 381.280","heading":"Forfeiture of right to property for killing or victimizing decedent --","body":"Exemptions -- Escheat to elder and vulnerable victims trust fund.\n(1) If the husband, wife, heir-at-law, beneficiary under a will, joint tenant with the right\nof survivorship or the beneficiary under any insurance policy takes the life of the\ndecedent or victimizes the decedent by the commission of any felony under KRS\nChapter 209 and in either circumstance is convicted therefor, the person so\nconvicted forfeits all interest in an d to the property of the decedent, including any\ninterest he or she would receive as surviving joint tenant, and the property interest\nor insurable interest so forfeited descends to the decedent's other heirs -at-law,\nbeneficiaries, or joint tenants, unless otherwise disposed of by the decedent. A judge\nsentencing a person for a offense that triggers a forfeiture under this section shall\ninform the defendant of the provisions of this section at sentencing.\n(2) A forfeiture under subsection (1) of this section:\n(a) Shall not apply in cases involving the commission of any felony under KRS\nChapter 209 where the will, deed, or insurance policy was executed prior to\nJanuary 1, 2012;\n(b) Shall not apply in cases where the decedent, with knowledge of the person's\ndisqualification, reaffirmed the right of the husband, wife, heir -at-law,\nbeneficiary under a will, joint tenant with the right of survivorship, or\ninsurance policy beneficiary to receive the property by executing a new or\nmodified will or codicil, insurance policy or policy modification, or deed; and\n(c) Shall not apply in cases of a felony under KRS Chapter 209 committed prior\nto January 1, 2012.\n(3) If, after the provisions of this section are applied, there are no other heirs -at-law,\nbeneficiaries, or joi nt tenants of the decedent as to all or part of the interest\nforfeited, the forfeited interest shall escheat to the state under KRS Chapter 393.\nThe Department of the Treasury shall, after liquidation of the interest, pay the\nproceeds into the elder and vu lnerable adult victims trust fund established in KRS\n41.305.","path":["KRS Chapter 381"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40503","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:10Z","sha256":"4f75b3cd8a8b269f97d183c611208468f376bfeeac43b4d6db757641bb34d451","source_id":"us-ky","stale":false,"prev":"us-ky/krs-381.270","next":"us-ky/krs-381.290"},"notice":"GroundRules: Original legal text. Not legal advice."}
