Legal Question in Wills and Trusts in Kentucky
Rights of Children vs. Stepmother
I have two siblings. Our father re-married 7 years ago after our mother's death. Before he re-married, my siblings and I are were the sole inheritors of his entire estate (which was/is significant). Since his re-marriage,however, he has nearly cut off communication with all of us owing to slander from his new wife regarding our character. He recently signed power of attorney over to her but we don't know what else as we have never seen a copy of the will. Last week we found out that he nearly died of a heart-attack. None of us were contacted by his new wife. I have two questions: 1. Do we have any rights at all regarding information about our father's health in these life and death circumstances? 2. Can he legally ''sign'' everything over to her as she says he recently has? Do we have any rights at all? What should we do? We're concerned about our father and we love him, but he seems to think the worst of us since he's remarried.
2 Answers from Attorneys
Re: Rights of Children vs. Stepmother
The only person that has specific rights to an estate is the spouse of the deceased person. One can give his/her property to anyone he chooses. If the surviving spouse does not wish to take his/her share in the will, he/she can file an renunciation of the will and take 1/3 of the personal and 1/3 of the real estate. The other 2/3 goes as the will specifies inasmuch as it can. A will is not effective until the date of death and upon admittance to probate. At the moment you, as a child, have nothing but an expectancy, which is for all practical purposes, worthless. The will can be changed at anytime. As long as a person is not under undue influence, he/she can will his/her property to anyone and can even exclude children. As long as your father is competent, you are really not entitled to any information. His wife is his next of kin. If, on the other hand, there is some reason to doubt your father's competency, then questions of abuse may arise which might be subject to investigation by the Cabinet for Human Resources or other state agencies.
Re: Rights of Children vs. Stepmother
I concur with Mr. Owens. However, the agency to
contact,
should you reasonably suspect that there is
either "exploitation"
or any question of diminished mental capacity, is
the Adult Protective Services Division of the
Ky. Cabinet for Families & Children.
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