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 unascertainable persons, unless a living member of the class to which such persons belong who is sui juris is a party to the action, shall be represented by a guardian ad litem who is not acting in such capacity for any other party to the action. In the event of sale or division under this section, the court shall apply the provisions of subsection (6) of KRS § 389A.030 to preserve the interest of the unborn or unascertainable persons until they are born, ascertained or the class to which they belong otherwise closes.
Effective: July 15, 1980
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Terms Used In Kentucky Statutes 389A.035

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010

History: Created 1980 Ky. Acts ch. 87, sec. 7, effective July 15, 1980.

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