Legal Question in Wills and Trusts in Kentucky

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented:

(1) Have you filed your income tax returns for 2009? If you husband died during 2009, you will still be able to file a joint return for that year. Be sure to consult a qualified tax return preparer to learn your options in this regard.

(2) Did your husband own anything at the time of his death which was listed solely in his name, such as stock certificates, certificates of deposit, bank accounts, vehicles, etc.? If so, you may need to file his last will and testament with the probate court in the county of your residence. You may qualify for a "dispense with administration" probate action, which is a sort of inexpensive "shortcut" to closing out your husband's estate. All property listed in joint survivorship, of course, passes directly to you at the time of your husband's death, and need not be included in his probate estate.

You are best advised to seek a quick review of your situation by a competent probate attorney. His or her advice may prove to be invaluable later on, in case you have to dispose of any of your late husband's assets.

Thomas A. McAdam, III

Attorney at Law

234 South Fifth Street

Louisville, Kentucky 40202

(502) 584-7255

[email protected]