maintenance of child.
(1) A parent who has willfully abandoned the care and maintenance of his or her child shall not have a right to intestate succession in any part of the estate and shall not have a right to administer the estate of the child, unless:
(a) The abandoning parent had resumed the care and maintenance at least one (1) year prior to the death of the child and had continued the care and maintenance until the child's death; or
(b) The parent had been deprived of the custody of his or her child under an order of a court of competent jurisdiction and the parent had substantially complied with all orders of the court requiring contribution to the support of the child.
(2) Any part of a decedent child's estate prevented from passing to a parent, under the provisions of subsection (1) of this section, shall pass through intestate succession as if that parent has failed to survive the decedent child.
(3) This section may be cited as Mandy Jo's Law. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 414, secs. 1 and 3, effective July 14, 2000.
Notes of Decisions
Cited in
7
cases (
6 in the last 5 years), 2003–2024 · leading case:
Kimbler v. Arms, 102 S.W.3d 517 (Ky. Ct. App. 2003).
Kimbler v. Arms, 102 S.W.3d 517 (Ky. Ct. App. 2003).
· cites it 3× “KRS 391.033 provides as follows: (1) A parent who has willfully abandoned the care and maintenance of his or her child shall not have a right to intestate succession in any part of the estate and shall not have a right to administer the estate of the child, unless: (a) The…”
Katelyn Trapp Johnson v. the Est. of Chase Matthew Trapp Knapp by Matthew Knapp, 635 S.W.3d 845 (Ky. Ct. App. 2021).
“-10- Similarly, KRS 391.033 provides: (1) A parent who has willfully abandoned the care and maintenance of his or her child shall not have a right to intestate succession in any part of the estate and shall not have a right to administer the estate of the child, unless: (a) The…”
Lawrence Miller, Jr. v. Brittany Bunch, No. 2023 CA 000618 (Ky. Ct. App. Jan. 18, 2024).
“137 and KRS 391.033 (collectively known as Mandy Jo’s Law) preclude a parent from recovering damages from an action for the wrongful death of his or her child or from inheriting any part of the child’s estate if that parent has “willfully abandoned the care and maintenance of…”
Vontella Combs v. City of Morehead, No. 2023-CA-0955 (Ky. Ct. App. Nov. 22, 2024).
“137 and KRS 391.033) indicate “[t]he Legislature's overarching intent in passing Mandy Jo’s Law is not difficult to discern.”
Ky. Rev. Stat. § 391.033(1): 2 cases
Kimbler v. Arms, 102 S.W.3d 517 (Ky. Ct. App. 2003).
“KRS 391.033 provides as follows: (1) A parent who has willfully abandoned the care and maintenance of his or her child shall not have a right to intestate succession in any part of the estate and shall not have a right to administer the estate of the child, unless: (a) The…”
Ky. Rev. Stat. § 391.033(2): 1 case
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