Legal Question in Wills and Trusts in Kentucky

Wills

Is it likely that a surviving wife who is not named in the will and was only married for 2 months to deseased husband would get a third of estate that was named in the will to go to his children.


Asked on 4/22/07, 11:41 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Wills

The length of the marriage has nothing to do with dower and curtesy rights (a spouses right to certain property). If a spouse is not named in a will, then they can renounce the will and take a share, though less than they would get had the person died without a will. See KRS 392.080.

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Answered on 4/24/07, 11:34 am


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