Legal Question in Wills and Trusts in Kentucky
Second marriage obligation
Can a husband leave a second wife out of a Will if the assets in question were his before their marriage? The assets in question were inherited from his father. He would like to leave them to his children and grandchildren. The estate value is approximately $990,000. What are the rights for both the husband and the wife in question? Are there any procautionary steps in addition to a will that would make sure the husband's last wishes were respected.
1 Answer from Attorneys
Re: Second marriage obligation
If the widow (or widower as the case may be) does not want what they receive in their deceased spouse's will, they can renounce their share under the will and receive an automatic 1/3 of the estate pursuant to statute. It does not matter where the property came from so long as the deceased owned it at his death. If a wife (and it does not matter what number she is) is left out of a will she can force the 1/3 share or she can forget it. It is her right to do with as she pleasees. Once the renunciation is filed, the probate court must grant it and allocate the share.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
