Legal Question in Wills and Trusts in Kentucky

Contesting a Will

My dad lives in state of kentucky and has 3 sons and 1 daughter no spouse. The past 10 years dad doesn't like my husband of 27 years and has told me he isn't leaving me anything because of whom I'm married to. I believe the wife of my younger brother has caused this due to the fact if I'm out she would get more. She and brother are now divorced. I've learned the will written in 1995 dad has left me $500 and the rest goes to my brothers. In 2003 he set up 3 annuities making the beneficiary to only 2 of his sons. April 2004 dad changed the annnuity beneficiaries to all 4 of his kids to be divided equally. Question: If my 3 brothers agree to divide the estate equally amoung the 4 children would the state of kentucky allow that even though dad states in his will for me to get only $500? If I contest the will what are my legal chances of getting an equal share of the estate? NOTE: Since March 31 2004 my dad has been hospitalized and I'm the sole caretaker visiting and caring for him daily. Dad has been pleasant to my husband while in the hospital. My 3 brothers live out of state. Only 1 brother has visited dad in the hospital.


Asked on 5/04/04, 8:52 am

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Contesting a Will

Your father can leave his property to anyone he chooses as long as he is in his right mind and not subject to undue influence. He does not have to leave his children or any one of them anything. He may be influenced by someone as long as it is not "undue" influence- the type of influence where his free will to determine the disposition of his estate is taken away from him.

That all being said, it is VERY VERY difficult, to sucessfully contest a will. If your father dies and your brothers decide to divide the shares that they have been given, then that is fine.

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Answered on 5/04/04, 5:34 pm


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