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. Generally speaking, a divorce voids a will, and, from the facts which you describe, your father died "intestate;" that is, his old will has no legal effect, and his estate will pass to his heirs under the provisions of Kentucky's laws of descent and distribution. Your mother's heirs will not inherit from your father.

This is all assuming your father is deceased (your question leaves that unclear). If he is still alive, he needs to make a new will, indicating his wishes for the distribution of his 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 father's assets.

Thomas A. McAdam, III

Attorney at Law

234 South Fifth Street

Louisville, Kentucky 40202

(502) 584-7255

[email protected]