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BAYS v. KIPHART

2014-SC-000324-DG.

486 S.W.3d 283 (2016)

John Wesley BAYS, Appellant v. Kristie D. KIPHART, Individually and as Trustee of the Demand Right Irrevocable Trust for Bryce A. Bays, Appellee.

Supreme Court of Kentucky.

Rendered: May 5, 2016.

Attorney(s) appearing for the Case

Counsel for Appellant: W. Patrick Hauser , W. Patrick Hauser, PSC, PO Box 1900, Barbourville, Kentucky 40906

Counsel for Appellee: Travis Alan Rossman , Rossman Law, PLLC, 220 Court Square, PO Box 209, Barbourville, Kentucky 40906

This case presents the question whether a dying spouse's decision to remove the surviving spouse as a life-insurance beneficiary and to name someone else can constitute fraud on the surviving spouse's statutory elective share. Like the Court of Appeals, this Court concludes that it cannot.

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