Ky. Rev. Stat. » Chapter 381

Ky. Rev. Stat. § 381.280

Forfeiture of right to property for killing or victimizing decedent --

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Exemptions -- Escheat to elder and vulnerable victims trust fund. (1) If the husband, wife, heir-at-law, beneficiary under a will, joint tenant with the right of survivorship or the beneficiary under any insurance policy takes the life of the decedent or victimizes the decedent by the commission of any felony under KRS Chapter 209 and in either circumstance is convicted therefor, the person so convicted forfeits all interest in and to the property of the decedent, including any interest he or she would receive as surviving joint tenant, and the property interest or insurable interest so forfeited descends to the decedent's other heirs-at-law, beneficiaries, or joint tenants, unless otherwise disposed of by the decedent. A judge sentencing a person for a offense that triggers a forfeiture under this section shall inform the defendant of the provisions of this section at sentencing. (2) A forfeiture under subsection (1) of this section: (a) Shall not apply in cases involving the commission of any felony under KRS Chapter 209 where the will, deed, or insurance policy was executed prior to January 1, 2012; (b) Shall not apply in cases where the decedent, with knowledge of the person's disqualification, reaffirmed the right of the husband, wife, heir-at-law, beneficiary under a will, joint tenant with the right of survivorship, or insurance policy beneficiary to receive the property by executing a new or modified will or codicil, insurance policy or policy modification, or deed; and (c) Shall not apply in cases of a felony under KRS Chapter 209 committed prior to January 1, 2012. (3) If, after the provisions of this section are applied, there are no other heirs-at-law, beneficiaries, or joint tenants of the decedent as to all or part of the interest forfeited, the forfeited interest shall escheat to the state under KRS Chapter 393. The Department of the Treasury shall, after liquidation of the interest, pay the proceeds into the elder and vulnerable adult victims trust fund established in KRS 41.305. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 95, sec. 1, effective July 12, 2012. -- Amended 2011 Ky. Acts ch. 43, sec. 2, effective January 1, 2012; and ch. 43, sec. 3, effective June 8, 2011. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1406a.

Notes of Decisions
Cited in 17 cases, 1948–2020 · leading case: Newton v. Newton
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Peyton v. Young (1983) ky · cites it 6× “KRS 381.280 is a legislative attempt to deprive a convicted murderer of the right to succeed to the property of the victim.”
Newton v. Newton (2011) kyctapp · cites it 10× “The Estate thereafter filed the case sub judice in the Nelson Circuit Court seeking damages for the wrongful death 2 of Clara Sanders and for Newton’s forfeiture of the farm real estate pursuant to KRS 381.280. The Estate moved for summary judgment asserting that, pursuant to…”
Ford v. Ford (1986) md · cites it 2× “§ 59-513 (1983); Ky.Rev.Stat. § 381.280 (Bobbs-Merrill 1972); La.”
Roberts v. Wilcox (1991) kyctapp · cites it 3× “Thomas was sentenced to seven years imprisonment. His appeal of that sentence is currently pending.”
Mounts v. United States (1993) kyed · cites it 9× “Plaintiffs also assert that Kentucky’s Forfeiture Act, codified as KRS 381.280, bars Linda Mounts from receiving the FEGLIA benefits.”
Cowan v. Pleasant (1954) kyctapphigh · cites it 4× “KRS 381.280 follows: “If the' husband, wife, heir-at-law, beneficiary under a will, 'joint tenant with the right of survivorship or the beneficiary under any insurance policy takes the life of the decedent and is convicted therefor of a felony, the person so convicted forfeits…”
Wilson v. Bates (1950) kyctapphigh · cites it 6× “" By amended answer and cross-petition appellants plead that KRS 381.280 is contrary to the provision of the Constitution of Kentucky and to the Constitution of the United States; that Robert J.”
Wilson v. Bates (1950) kyctapp · cites it 4× “” By amended answer and cross-petition appellants plead that KRS 381.280 is contrary to the provision of the Constitution of Kentucky and to the Constitution of the United States; that Robert J.”
Kentucky Bar Ass'n v. Roberts (2014) ky · cites it 3× “This is because KRS 381.280, Kentucky’s “slayer statute,” prevents the taking of benefits from a person’s estate if the person were convicted of taking that person’s life.”
McMullin v. McMullin (2011) kyctapp “As Lewis intentionally introduced the ambiguity into the contract, we will not construe the provision in his favor, thus allowing him to benefit from his own malfeasance.”
Cook v. Grierson (2004) md · cites it 2× “2d 39 , 40-41 (1950) (quoting from Chapter 97, Acts of 1940, now Ky.Rev.Stat. Ann. § 381.280 (Banks Baldwin 1940, 2003)).”
Moore v. Citizens Bank of Pikeville (1967) kyctapphigh · cites it 3× “A related question is whether under KRS 381.280 it is necessary for a husband to be convicted of the murder of his wife in order to bar the action for wrongful death under KRS 411.”
Show all 17 citing cases →
— Ky. Rev. Stat. § 381.280(1) — 2 cases
Newton v. Newton (2011) kyctapp “The Estate thereafter filed the case sub judice in the Nelson Circuit Court seeking damages for the wrongful death 2 of Clara Sanders and for Newton’s forfeiture of the farm real estate pursuant to KRS 381.280. The Estate moved for summary judgment asserting that, pursuant to…”
The Prudential Insurance Company of America v. McFadden (2020) kyed
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