Legal Question in Wills and Trusts in Kentucky

benefactors

Sister has been married a little over a yr. and they have a 10 month son. Her husband died unexpectedly and never update will or benefactors on retirement or insurance policy. He has one adoptive daughter who was named the beneficiary. Her husband had been planning to update his will(even had a post-it note in car to get will forms), but never had. Is his wife or son entitled to anything?

Even the house that they were living in was only in his name. Is this not hers either?


Asked on 1/28/05, 12:27 am

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: benefactors

While your sister appears to have significant problems, there are some things that she can do. I cannot render an opinion with the facts that you set out in your question except to say that she should seek the advice of an attorney who can speak to her and ask the appropriate questions. Things such as insurance policies are governed by the contract itself. Other things such as the continuing validity of the prior will and the effect that the subsequent marriage had on it are important. Also the status of the adoptive daughter legal situation-e.g. are you sure that she was "legally" adopted? You should make an appontment to speak with someone as soon as possible. The attorney that you choose should be (1) qualified and (2)local if possible. If you have an attorney who has done most of the work for the family go to him. If he cannot handle it, he may be able to refer you. This is important to your sister and these steps should be taken as soon as possible.

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Answered on 1/28/05, 7:27 am


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