Legal Question in Wills and Trusts in Kentucky

My first question is whether that original bequest was even valid, and second, if her estate was ever probated. If husband and wife were joint owners with right of survivorship, which is the norm, then wife could not have bequested her "half" of the property to someone else because the husband owns the whole thing. That would certainly be an unusual situation. Perhaps you mean that she owned the house before the marriage, it was never deeded in the husband's name, and in her will, she left half to her children and half to her husband?

Regardless, if the bequest is valid, it sounds as though the property will need to be divided. If it were a large piece of real estate with no house, that would be easier: simply partition the property. But in cases where two (or more) individuals own a house, the court will have to decide who ends up with the house and who is paid out for their share, because of the issue of possession.

I would suggest taking all of the documents to an attorney for review to find out for certain what is going on here, otherwise you can't know for certain what the husband is and isn't allowed to do with regards to the house.