{"data":{"id":"us-ky/krs-389a.020","jurisdiction":"us-ky","citation":"KRS 389A.020","heading":"Limitation on power of fiduciary to sell or mortgage property -- Circuit","body":"clerk may alter.\nIn the event the power of a fiduciary to sell or mortgage any real estate is expressly\nlimited by the will or trust instrument under which he is acting, such li mitation may only\nbe altered or amended by the Circuit Court of the county wherein the fiduciary was\nappointed, or if the fiduciary is acting under an agreement of trust without court\nsupervision, the county in which the trust is or could be registered, in  an action brought\nby the fiduciary in which all persons having a present or contingent interest in the\nproperty interest sought to be sold or mortgaged or its proceeds are made parties. Before\nadjudging that the fiduciary may deviate from the terms of the  will or trust the court shall\ndetermine that there exist circumstances apparently unknown to the testator or settlor; that\nsuch circumstances would substantially impair the accomplishment of the purposes\nintended; and that deviation is in the best interests of all parties concerned.","path":["KRS Chapter 389A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36123","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:22Z","sha256":"8b2795dcb4d4ca211a2191eae38d0bb914f9725c5ac535135efdca04db796507","source_id":"us-ky","stale":false,"prev":"us-ky/krs-389a.015","next":"us-ky/krs-389a.025"},"notice":"GroundRules: Original legal text. Not legal advice."}