interstate estate

[pburchett]

What is the name of your state? Kentucky

Question about interstate estate in Kentucky.

he parents of two children are murdered and robbed by one of their children. The one child admits to the murder.
The child had an x-wife and one sibling, and another former girlfriend and two siblings. Since the child murdered its parents and robbed them their portion of the estate is forfeited. Correct? The big question is: Does the siblings of the accused receive the forfeited portion of the estate, or does it all go to the victims other child?

 

[BelizeBreeze]

The ONLY entity which gives up rights to the estate is the perpetrator of the crime.

 

[pburchett]

"The ONLY entity which gives up rights to the estate is the perpetrator of the crime."

I will ask if the perpetrators children will be entitled to part of the estate since the perpetrators rights have been forfeited, and any estate they would reveive would come to them via the perpetrator. Where in Ky law could I find this information, as I have looked.

 

[BelizeBreeze]

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:

1. Surviving spouse. In most states, a surviving spouse is generally first in line to get any assets from the intestate estate. The same sort of applies in Kentucky, except that the share a surviving spouse can look forward to is miserly (to put it mildly). If you are married, you definitely don't want to go through life without a will or other means to automatically transfer assets should one of you die.

In Kentucky, a surviving spouse is entitled to the first $7,500 of decedent's personal property or money (on hand or in a bank account). (This amount is also available to decedent's children if there is no surviving spouse.) The surviving spouse can petition the probate court to withdraw $1,000 of this amount early. Other than that, a surviving spouse has to wait in line to get anything as indicated below.

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.

 

[pburchett]

I have found that from what I can see, Kentucky does not have a specific statute addressing this matter. There is no doubt, case law on this issue.
Some states have a specific statute that states how this occurs, usually treating the murderer as if he/she predeceased the victim.

Yet, I can not find the specific states or statues for this. Can anyone help?