Legal Question in Family Law in Kentucky
If some one gets a devroce and in the devroce it says that the kids from that marriage get the house and one acker its on. If the kids from that marriage are grown and that person is remarried.when that person passes away dose the kids from the frost marriage still get the house or dose the person their married to get It?
1 Answer from Attorneys
This is actually a real estate law question. It would be a rare and questionable situation where a divorce settlement or judge's decree "gave" a house and acreage to children of the marriage. If there is such an agreement or decree, there might be a cause of action in court on breach of contract or other cause of action. However, in the time between now and when you get an attorney to review the actual documents, if the house is currently deeded to the ex-spouse and their current spouse with a right of survivorship, then that is what will happen.
If there is no such deed, then the house will pass by will. If there is no will, then the house will pass per intestate law.
Bottom line, you are going to have to get all the documents together and find a lawyer to review them and tell you what exactly they mean.