Legal Question in Real Estate Law in Kentucky

widowed man with 3 grown children remarried...he deeded home that was in his name alone to new wife & her heirs forever..2nd wife died, leaving sister, husband, and children of 3 other brothers.. husband died..who has claim to home?


Asked on 8/30/11, 8:50 pm

2 Answer from Attorneys

Andrea Welker Welker Law Office

If the deed is in the second wife's name, and not his, then it goes to the wife's heirs. If it was deeded to both husband and second wife, as joint tenants with right of survivorship, then it depends on who died first. If husband died first, it goes to wife's heirs. If wife died first, to husband's heirs.

Now, I'm assuming we're talking about an actual deed and not a will. The beneficiary of a will can only inherit if they are alive at the time the will comes into effect. If the wife died before the husband, she never had anything other than a future interest in the property. If husband died before wife, then she did inherit the property and now that she's dead, her heirs inherit from her.

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Answered on 9/11/11, 8:45 am


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