Legal Question in Wills and Trusts in Kentucky

What Rights will Stepchildren have as heirs???

My wife and I both have one child each from previous marriages. We do not have wills. We have significant real estate with survivorship deeds. Our vehicles are in both our names.

My question is, if she or I were to die, would either of our stepchildren be able to make a claim on the deceased personal property, and if so, who determines what ''personal'' property is? Could one of our children make claims on our furniture, tools, decor, clothing, jewelry, and such?


Asked on 4/03/04, 3:10 pm

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: What Rights will Stepchildren have as heirs???

Why don't you have wills?? An outlay of $50 to $200.00 would take care of a lot of problems. To answer your question: (1) Stepchildren are not classified as heirs. Your wife's children cannot inherit your property and vice versa. (2) The property in survivorship goes to the survivor. The survivor can leave it to whomever he or she pleases. You do not have to leave anything to your children. (3) Personal property is everything but real estate. If it is not dirt or the building on it, then it is personal property. (4)If a person dies without a will, then his/her spouse receives one-half as a dower interest and the other one-half is divided among his/her heirs. (remember stepchildren are not heirs.) The survivorship property of course goes to the survivor by the terms of the deed or document creating that title. Things that do not have names on them, such as furniture, tools etc, can create a problem-to whom did it belong? The bottom line here is GO GET A WILL DRAFTED SO THAT THE PROPERTY WILL GO AS YOU AND YOUR WIFE WANT.

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Answered on 4/03/04, 10:31 pm


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