Legal Question in Family Law in Kentucky

who is entitled to what when the deceased does not have a will

Question: We have recently been contacted by my husbands deceased fathers wife. She informed us that his father had purchased land in 1983. When she tried to sell this land her attorney informed her that because there was no will ashe could not even give the land away without all of the signatures of his children, because they are entitled to some of this land. They were only married for 4 months. She has been paying the taxes on this land , but again we never even knew it existed until about a week ago. We would like to know how much we are entitled to and how much she is entitled to? Also, because they were only married for 4 months and there was no will, is my husband and his brother entitled to any of his pension. Their fater died in 1985 and my husband and his brothers were minors at the time. His wife refused to give them anything, not even their fathers military medals. Everything went to her and her children even though there was no willl, so naturally the discovery of this land has raised a lot of questions. I would appreciate any information that you can give me in this matter. t=The deceased wife currently resides in Kentucky and we are in Mass


Asked on 4/08/06, 12:11 pm

1 Answer from Attorneys
Maria Murber Law Offices of Maria Murber, PC

Re: who is entitled to what when the deceased does not have a will

I highly recommend that you retain an experienced probate attorney. If there was no will, your husband and his siblings (as heirs) are entitled to a precentage of their father's estate.

The fact that he was only married 4 months prior to his death does not devoid the wife of her precentage. Unless, you can prove that she committed fraud upon your father (i.e. inducing him to marry her through fraud).

Tell your husband and his siblings that they should gather all the facts and documents and have an attorney review them immediately.

Also, tell your husband and his siblings that they should not sign anything until they speak with their own attorney.

Good luck! Sincerely, Maria Murber

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Answered on 4/09/06, 6:45 am


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