Legal Question in Wills and Trusts in Kentucky

death without a will

A friend of mine passed away, he was married and he had no children when he died. So who would get his estate? Does his wife or does she have to share the estate with his siblings?


Asked on 9/02/08, 9:18 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: death without a will

When you say he had no children I am assuming you mean he never had children rather than his children passed before him. I am also assuming he never created a will. Before I give the general answer, it is important to know that there are differences in treatment of real property (land) and personal property and there are exemptions and carve outs for spouses, such as the right of dower and curtesy. It is a little too complicated to go into here.

Now, the general answer is that if a married person dies intestate (without a will) then what that person has title to goes to his/her parents. If his/her parents are not alive, then it goes to his/her siblings. It goes on from there, but wife/husband is fourth in line in Kentucky.

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Answered on 9/03/08, 9:02 am


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