After assets of an estate have been distributed and subject to KRS 396.205, an undischarged claim not barred may be prosecuted in a proceeding against one (1) or more distributees. No distributee shall be liable to claimants for amounts received as exempt property or allowances, or for amounts in excess of the value of his distribution as of the time of distribution. As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who shall have failed to notify other distributees of the demand made upon him by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against him loses his right of contribution against other distributees who have not been notified.
KRS 396.195
Undischarged claim -- Proceeding against distributees
Applied in 1 court decision — leading case Hunsaker v. Commonwealth, Department of Transportation (2007)
Most recently applied in Hunsaker v. Commonwealth, Department of Transportation (November 2007)
Effective: July 15, 1988 History: Created 1988 Ky
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.