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A Primer On Kentucky Intestacy Laws, Carolyn S. Bratt

Kentucky Law Journal

No abstract provided.

A Primer On Kentucky Intestacy Laws, Carolyn S. Bratt

Law Faculty Scholarly Articles

Some form of inheritance has existed since ancient times. The biblical story of Esau, who sold his birthright to his younger brother Jacob for a mess of potage, demonstrates the long-standing recognition of inheritance rights. Although the United States Constitution does not explicitly guarantee to the owner of property a right to transmit that property upon death to another person, the United States Supreme Court has held that a total abrogation of the right of inheritance without the payment of just compensation is unconstitutional.

Every state has a system of inheritance created by statute and by case law. State inheritance …

Family Protection Under Kentucky's Inheritance Laws: Is The Family Really Protected?, Carolyn S. Bratt

Law Faculty Scholarly Articles

Courts and legislatures always have granted widows some protection from the economic hardships that their husbands' deaths cause. At the earliest common law, a surviving wife was entitled to dower in the form of a right to remain in her husband's home along with the other heirs after the husband's death. Today, the states have enacted a variety of statutory devices that provide protection for families who might otherwise experience financial hardship upon the death of a spouse or parent. The older types of statutory safeguards take the form of homestead and personal property exemptions. Typically, the probate homestead exemption …

Kentucky's Doctrine Of Advancements: A Time For Reform, Carolyn S. Bratt

Law Faculty Scholarly Articles

The act of giving a gift is accomplished so easily that the legal consequences often escape the donor. Even when a donor stops to contemplate the legal significance of her or his act, a parental donor probably is unaware that a gift to a child may affect the child's inheritance rights in the parent's estate. Kentucky is among the minority of states which continue to presume that a parental gift is intended as an advancement to the child donee. Moreover, Kentucky is one of only two states which make the presumption irrebutable. The value of the gift is charged against …

Kentucky's Doctrine Of Advancements: A Time For Reform, Carolyn S. Bratt

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Property, Carolyn S. Bratt

Law Faculty Scholarly Articles

Law students, and probably practitioners, are often perplexed by the multitude of topics covered under the rubric of property law. Unfortunately, this Survey article does nothing to dispel the impression of property law as a hodgepodge of unrelated topics. This Survey of recent decisions in Kentucky discusses topics ranging literally from "a" to "z"-adverse possession to zoning.

Inheritance Rights Of Illegitimate Children In Kentucky: A Need For Reform, J. Clarke Keller

Kentucky Law Journal

No abstract provided.

Flexibility, The Uniform Probate Code's Procedural Article, And Some Comparisons With Kentucky Statutes, James W. Gordon

Kentucky Law Journal

No abstract provided.

Powers Of Appointment And The Kentucky Inheritance Tax--The Department Of Revenue's Administration Of Krs Section 140.040, William P. Sturm

Kentucky Law Journal

No abstract provided.

The Dilemma Of Adoptees In The Class Gift Structure--The Kentucky Approach: A Rule Without Reason, Gerald L. Greene, Michael J. Schmitt

Kentucky Law Journal

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Kentucky Death Taxes--Putting A Price On Inheritance, Andrew M. Winkler

Kentucky Law Journal

No abstract provided.

Inheritance Rights Of The Adopted Child In Kentucky, Charles A. Taylor

Kentucky Law Journal

No abstract provided.

A Widow's Dower Rights--Kentucky Dower Rights; On Intestacy Or Upon Renunciation Of Her Husband's Will, Nelson E. Shafer

Kentucky Law Journal

No abstract provided.

Remnant Gifts Over In Kentucky, W. L. Matthews Jr.

Kentucky Law Journal

No abstract provided.

Wills--Formalities For Execution--Publication And Acknowledgment In Kentucky, P. Joan Skaggs

Kentucky Law Journal

No abstract provided.

Recent Developments In The Kentucky Law Of Wills--1949-1954, Frederick W. Whiteside Jr., James S. Kostas

Kentucky Law Journal

No abstract provided.

Hale V. Hale--Kentucky's Recognition Of The Tentative Trust, Dempsey A. Cox

Kentucky Law Journal

No abstract provided.

Admissibility Of Oral Declarations Of A Testator To Prove A Lost Will In Kentucky, Bertel M. Sparks

Kentucky Law Journal

No abstract provided.

Recent Kentucky Cases On Future Interests, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

The Transfer Of Future Interests In Kentucky, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

Resulting And Constructive Trusts In Kentucky, Alvin E. Evans

Kentucky Law Journal

No abstract provided.