Legal Question in Wills and Trusts in Kentucky
parents filed will, then divorced. Mother, now deceased, had will that was executed. The only will father had was the one he made with mother. Is that will valid for Father's estate?
1 Answer from Attorneys
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
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