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Request By:

F. Chris Gorman
Steinfeld, Eddleman, Gorman & Shearer
Suite 1210 Citizens Plaza
Louisville, Kentucky 40202

Opinion

Opinion By: Robert F. Stephens, Attorney General; By William S. Riley, Assistant Attorney General

In your recent letter request is made for an interpretation of KRS 142.050 as it applies to deeds executed by an executor of an estate pursuant to the terms of a will.

For example, a person dies leaving property to his son or daughter who is also executor or executrix of the estate. Such person deeds the decedent's real property to the son or daughter as devisee.

The question is whether the transfer tax provided for in the statute, supra applies to such deed.

KRS 142.050(8)(e) exempts from the transfer tax transfers between parent and child with only nominal consideration thereof. But in the situation outlined above, no transfer tax would be due because real property passes directly from the testator to the devisee. The executor has no title in between. See

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1977 Ky. AG LEXIS 276
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