Legal Question in Wills and Trusts in Kentucky
Can you go back to an old will?
If a woman left the house she thought was totally hers to one child, can the other siblings go back to the old will of the father that left half of the house to be divided between them or must they abide by the recent will of the woman?
1 Answer from Attorneys
Re: Can you go back to an old will?
what ever the lady thinks does not matter. She can only give what she owns. If she does not have complete title then she cannot transfer complete title. Without knowing how the title was in the lady and her husband it would be difficult to give a complete answer. If the husband (in Kentucky) owned the property alone, then his will gave one-half to her and the rest, I am assuming, to the children. If this is the case, then she can only transfer her one-half. This would not affect the other children's title through the will of their father. If the lady and husband owned the property in common and without survivorship, then the husband left her one-half of his half or 25% and the other 25% went to the chldren. If the lady and husband owned the property with a right of survivorship, then the will of the husband is irrelevant because the lady would have the full title by virtue of surviving the husband and she can then will the whold title to the property to whomever she wishes.