HB 886

UNOFFICIAL COPY  26 RS BR 2511
1AN ACT relating to inherited property.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3Section 1. KRS 392.020 is amended to read as follows:
4 (1)    After the death of the husband or wife intestate, the survivor shall have an estate:
5(a)     In fee of one-half (1/2) of the surplus real estate of which the other spouse or
6anyone for the use of the other spouse, was seized of an estate in fee simple at
7the time of death;[,] and[ shall have an estate ]
8(b)     For his or her life in one-third (1/3) of any real estate of which the other
9spouse or anyone for the use of the other spouse, was seized of an estate in fee
10simple during the coverture but not at the time of death;[, ]
11unless the survivor's right to that[such] interest has been barred, forfeited, or
12relinquished.
13 (2)    The survivor shall also have an absolute estate in one-half (1/2) of the surplus
14personalty left by the decedent.
15 (3)    Subsection (1)(b) of this section shall not apply to property acquired by a spouse
16through inheritance during the marriage if it is not the primary residence of the
17married couple.
18 (4)    Unless the context otherwise requires, any reference in the statutes of this state to
19"dower" or "curtesy" shall be deemed to refer to the surviving spouse's interest
20created by this section.
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