Legal Question in Insurance Law in Kentucky

Insurance Beneficiaries

My wife, now deseased, was identified in her mother's will to receive 1/3 of two homes (Va & KY).

My wife's sibling paid the insurance and taxes, as he was the executor. The house in Va was considered condemned after the latest tornado and the insurance company paid $30,000 to him.

As the spouse of my wife, how is the $30,000 is to be distributed? Do I have any legal rights to receive a portion of the monies?


Asked on 5/12/08, 9:33 am

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: Insurance Beneficiaries

The answer depends on whether your wife died before (or simultaneously by law) or after her mother. If she died before her mother, then any anti-lapse provisions in her mother's will prevail. If you wife died after her mother, then your wife's estate should get the 1/3 share. Even then, you may or may not get any part of that depending on your wife's will, the intestate provsions of law, or any curtesy/dower right you may have. In other words, it's complicated.

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Answered on 5/12/08, 9:44 am


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