{"data":{"id":"us-ky/krs-394.610","jurisdiction":"us-ky","citation":"KRS 394.610","heading":"Right to disclaim succession.","body":"(1) As used in this section, the \"legal representative of a living person\" includes the\nperson's conservator, limited conservator, guardian, limited guardian, and attorney -\nin-fact.\n(2) A living person, or the legal representative of a living person, who is an heir, next\nof kin, devisee, legatee, joint tenant, person succeeding to a disclaimed interest,\nbeneficiary under a testamentary instrument, or appointee under a power of\nappointment exercised by a testamentary instrument, may disclaim in whole or in\npart t he right of succession to any property or interest therein, including a future\ninterest, by filing a written disclaimer under KRS 394.610 to 394.670. The right to\ndisclaim shall survive the death of the person having it and may be exercised by the\npersonal representative of such person's estate without authorization of the court\nhaving jurisdiction over the estate of the person. The instrument shall:\n(a) Describe the property or interest disclaimed;\n(b) Declare the disclaimer and extent thereof; and\n(c) Be signed by the disclaimant.\n(3) No disclaimer by a living person's legal representative, except for the person's\nattorney-in-fact, shall be made unless the court having jurisdiction of the estate of\nthe disabled, incapacitated, or protected person has autho rized the disclaimer. No\ndisclaimer by the person's attorney -in-fact shall be made unless the instrument\ngoverning the attorney-in-fact's authority expressly authorizes a disclaimer.","path":["KRS Chapter 394"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36299","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:26Z","sha256":"9a5eab586dd577feb53f23d8e32af9aa1d8e7227510b1cf9d0781828b56df112","source_id":"us-ky","stale":false,"prev":"us-ky/krs-394.550","next":"us-ky/krs-394.620"},"notice":"GroundRules: Original legal text. Not legal advice."}