+ Reply to Thread
Results 1 to 9 of 9
  1. #1
    KITeLicious is offline Junior Member
    Join Date
    Sep 2008
    Posts
    5

    Order of decent (Kentucky)

    Kentucky - My mother has been appointed administratrix of her brothers estate. We need help in distribution of funds (order of decent). There was never a wife, no children, there are living and deceased brothers and sisters....QUESTION #1 - On one brother (deceased) the brother had no wife or children, who would get his share? If his share would go to his brothers and sisters, would part of his share then be given the deceased brother that my mother is administatrix for? If so, would it then just go back and forth, till all money is depleted from that share? Question #2 - On one brother(deceased), he had a wife and three children, one of his children is also deceased, who had one child who is also deceased, the child’s father and one paternal grandparent is alive. Who would get this share? Question #3 - Does heir decent ever stop?What is the name of your state (only U.S. law)?
  2. #2
    BlondiePB is offline Senior Member
    Join Date
    Feb 2002
    Location
    Bikini Atoll
    Posts
    5,630
    Quote Originally Posted by KITeLicious View Post
    Kentucky - My mother has been appointed administratrix of her brothers estate. We need help in distribution of funds (order of decent). There was never a wife, no children, there are living and deceased brothers and sisters....QUESTION #1 - On one brother (deceased) the brother had no wife or children, who would get his share? If his share would go to his brothers and sisters, would part of his share then be given the deceased brother that my mother is administatrix for? If so, would it then just go back and forth, till all money is depleted from that share? Question #2 - On one brother(deceased), he had a wife and three children, one of his children is also deceased, who had one child who is also deceased, the child’s father and one paternal grandparent is alive. Who would get this share? Question #3 - Does heir decent ever stop?What is the name of your state (only U.S. law)?
    If there is a will, everything is distributed as stated in the will. If there is not a will, every state provides one for a decedent. It's call intestate.

    Intestate succession for KY is as follows:

    Kentucky Intestate Succession Laws

    If any part of a Kentucky decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner, with any descendants in a class taking per stirpes the share of their respective deceased parents:

    1. Surviving spouse. In most states, a surviving spouse is generally first in line to get any assets from the intestate estate. The same applies in Kentucky.

    A surviving spouse's interest in property of a deceased spouse is covered under Kentucky's rules for "dower" and "curtesy" (found in Kentucky Revised Statutes Section 392.020). Generally, this means that the spouse is entitled one-half of the estate.

    2. Distribution order generally. Any part of the intestate estate not passing to the surviving spouse as indicated above, passes as follows to:

    Decedent's children and their descendants.
    Decedent's parent or parents equally.
    Decedent's brothers and sisters and their descendants.
    Decedent's surviving spouse.
    One-half to decedent's maternal relatives and one-half to decedent's paternal relatives, descending in the following order:
    Decedent's grandparent or grandparents equally.
    Decedent's aunts and uncles and their descendants.
    Decedent's great-grandparent or great-grandparents equally.
    Siblings of decedent's grandparents and their descendants.
    Decedent's nearest lineal ancestor and their descendants.
    If there are no relatives on one side of decedent's family, the whole goes to the relatives on the other side.
    As a next to last resort, decedent's estate will go to a predeceased spouse's family and get distribute according to the intestate succession rules above.
    3. State of Kentucky. If there is no taker under any of the above provisions, the intestate estate will go (escheats) to the state of Kentucky.

    Kentucky Intestate Succession Law Fun Facts

    A child of decedent, born within 10 months after the decedent's death, is still eligible to inherit from the decedent. For intestate succession purposes, the child is considered to have been alive at the time of the decedent's death.
    Collateral relatives of the half-blood inherit only half as much as relatives of the whole-blood.
    Neglectful parents get neglected! Officially known as Mandy Jo's Law, a Kentucky law prevents a parent who willfully abandoned the care and maintenance of their child from inheriting the child's estate by default or from administering the estate. Abandonment includes failure to pay court ordered child support. The neglectful parent is treated as if he or she had predeceased the child, making them ineligible to inherit via intestate succession. However, a neglectful parent may reestablish their eligibility to inherit if at least one year of continuous support is provided to the child immediately before the child's death.
    Kentucky's intestate succession laws, as well as other related laws, can be found in Title XXXIV of the Kentucky Revised Statutes.




    Copyright 2002 - 2008, CCH Incorporated, a Wolters Kluwer business. All Rights Reserved.
  3. #3
    KITeLicious is offline Junior Member
    Join Date
    Sep 2008
    Posts
    5
    Thank You, but I have this information. The question comes in on the distribution of a deceased brothers share. Any laws on the aformentioned situation?
  4. #4
    BlondiePB is offline Senior Member
    Join Date
    Feb 2002
    Location
    Bikini Atoll
    Posts
    5,630
    Quote Originally Posted by KITeLicious View Post
    Thank You, but I have this information. The question comes in on the distribution of a deceased brothers share. Any laws on the aformentioned situation?
    Did he have any children?
  5. #5
    KITeLicious is offline Junior Member
    Join Date
    Sep 2008
    Posts
    5
    As stated in the original question, there were no children or wife of the decedent or the brother in question.
  6. #6
    BlondiePB is offline Senior Member
    Join Date
    Feb 2002
    Location
    Bikini Atoll
    Posts
    5,630
    Quote Originally Posted by KITeLicious View Post
    As stated in the original question, there were no children or wife of the decedent or the brother in question.
    Per stripes = issue(s) = children.

    Kentucky Intestate Succession Laws

    If any part of a Kentucky decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner, with any descendants in a class taking per stirpes the share of their respective deceased parents:

    1. Surviving spouse. In most states, a surviving spouse is generally first in line to get any assets from the intestate estate. The same applies in Kentucky.

    A surviving spouse's interest in property of a deceased spouse is covered under Kentucky's rules for "dower" and "curtesy" (found in Kentucky Revised Statutes Section 392.020). Generally, this means that the spouse is entitled one-half of the estate.

    2. Distribution order generally. Any part of the intestate estate not passing to the surviving spouse as indicated above, passes as follows to:

    Decedent's children and their descendants.
    Decedent's parent or parents equally.
    Decedent's brothers and sisters and their descendants.
    Decedent's surviving spouse.
    One-half to decedent's maternal relatives and one-half to decedent's paternal relatives, descending in the following order:
    Decedent's grandparent or grandparents equally.
    Decedent's aunts and uncles and their descendants.
    Decedent's great-grandparent or great-grandparents equally.
    Siblings of decedent's grandparents and their descendants.
    Decedent's nearest lineal ancestor and their descendants.
    If there are no relatives on one side of decedent's family, the whole goes to the relatives on the other side.
    As a next to last resort, decedent's estate will go to a predeceased spouse's family and get distribute according to the intestate succession rules above.
    3. State of Kentucky. If there is no taker under any of the above provisions, the intestate estate will go (escheats) to the state of Kentucky.
  7. #7
    KITeLicious is offline Junior Member
    Join Date
    Sep 2008
    Posts
    5
    ok, so the deceased brother gets a share, this deceased brother has no wife or no childern to pass this share too, so this share would then be divided between his brothers and sisters, would the original decedent who is a brother get a share back?
  8. #8
    KITeLicious is offline Junior Member
    Join Date
    Sep 2008
    Posts
    5
    maybe I'm not asking the question in an understanding way, When passing out the shares, can a decedent recieve a share of his own estate back from a deceased brother?
  9. #9
    anteater is offline Senior Member
    Join Date
    Sep 2004
    Posts
    6,043
    Quote Originally Posted by KITeLicious View Post
    ok, so the deceased brother gets a share, this deceased brother has no wife or no childern to pass this share too, so this share would then be divided between his brothers and sisters, would the original decedent who is a brother get a share back?
    No, the decedent would not be a recipient of assets from his own estate.

Similar Threads

  1. Any decent medical insurance anywhere?
    By violas in forum Health Insurance and HMO Plans
    Replies: 5
    Last Post: 03-31-2012, 07:19 AM
  2. finding a decent attorney
    By alleincali in forum Legal Ethics & Lawyer Malpractice
    Replies: 5
    Last Post: 04-06-2011, 05:56 PM
  3. all for you, if he is decent
    By damma in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 2
    Last Post: 05-15-2002, 12:20 AM
  4. Laws for obtaining a restraining order against a step parent in Kentucky
    By Gilly Bean in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 0
    Last Post: 05-13-2002, 10:16 PM
  5. dower and decent and distribution
    By lizhudson in forum Wills, Trusts and Estate Planning
    Replies: 0
    Last Post: 07-26-2001, 08:58 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.