Title XXXIII, Administration of Trusts and Estates of Persons Under Disability
8 chapters · 249 sections in this title.
KRS § 389A.010 Jurisdiction of District Court -- Notice -- Adversary proceedings to be in Circuit Court
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Circuit Court. (1) Notwithstanding any other statutory limitation of the jurisdiction of the District Court: (a) Any trustee, guardian, conservator, or personal representative (hereinafter "fiduciary"), not otherwise possessing a power of sale, may move the District Court of the …
KRS § 389A.015 Order by District Court granting power to fiduciary
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(1) An order by the District Court granting a fiduciary power under KRS 389A.010 shall contain an adequate description of the property and shall recite that it is a final order. (2) The deed or mortgage from the fiduciary in exercise of the power granted shall recite in the sourc…
KRS § 389A.020 Limitation on power of fiduciary to sell or mortgage property -- Circuit clerk may alter
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clerk may alter. In the event the power of a fiduciary to sell or mortgage any real estate is expressly limited by the will or trust instrument under which he is acting, such limitation may only be altered or amended by the Circuit Court of the county wherein the fiduciary was ap…
KRS § 389A.025 Proceeds of sale or mortgage for benefit of persons entitled thereto
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The net proceeds of the sale or mortgage of real estate by a fiduciary shall be held, invested or distributed for the benefit of the persons who, but for the sale or mortgage, would be entitled to the income derived therefrom or the possession thereof, in accordance with law or t…
KRS § 389A.030 Action in Circuit Court for sale or division of property
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(1) When two (2) or more persons other than tenants by the entirety in residential property actually occupied by them as a principal residence share title to real estate in such manner that a conveyance by them jointly would pass a fee simple title, any one (1) or more of them ma…
KRS § 389A.032 Private sale of property without prior judicial proceeding or judgment, but subject to court approval
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but subject to court approval. Without previous judicial proceeding or judgment, an interest in real property held by a fiduciary for the benefit of a ward, or by more than one (1) person or by an unknown heir may be sold by private sale subject to court approval. An action for a…
KRS § 389A.035 Interests of persons unborn or not immediately ascertainable
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When two (2) or more persons share title to real estate but an interest therein may be possessed by persons unborn or not immediately ascertainable, an action for sale or division may be brought in the same manner as provided in KRS 389A.030 but the interest of the unborn or unas…
KRS § 389A.045 Short title
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This chapter shall be titled "Fiducial and Judicial Sales of Real Estate."