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KRS 391.140

Advancements -- Effect on descendants', widow's, and widower's share

Applied in 6 court decisions — leading case Chism v. Chism (1943)

Most recently applied in Sandidge v. Kentucky Trust Co. (April 1966)

History: Amended 1974 Ky

How often courts cite this section

194319501960196610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Any real or personal property or money, given or devised by a parent or grandparent to a descendant, shall be charged to the descendant or those claiming through him in the division and distribution of the undevised estate of the parent or grandparent. The person to whom the property or money was given or devised shall receive nothing further from the estate until the shares of the other descendants are made proportionately equal with his, according to his descendable and distributable share of the whole estate, real and personal, devised and undevised. The advancement shall be estimated according to the value of the property when given. The maintaining or educating or the giving of money, to a child or grandchild, without any view to a portion or settlement in life, shall not be deemed an advancement.

(2) Advancements made to distributees shall not be taken as a part of the decedent's personal estate in estimating the distributable share of the widow or widower in the estate.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.