Legal Question in Wills and Trusts in Kentucky

Re: set aside vs. contesting a will

I am not exactly sure how you are using the terms. In Kentucky, the surviving spouse does not have to take the share he or she is given in the will. In that event, he/she is given 1/3. This is called "Renunciation" and is available to make sure that the surviving spouse does not get left out. You say that the wife gets 50% and the daughter gets 50% but indicate that there are other bequests. There is not enough information here to answer your question. If the wife wants to contest the will, then she will have to file an action in circuit court. There are provisions for certain small amounts to be "set aside" upon application and court order to a surviving spouse before distribution to other heirs. Without a copy of the will, etc, I cannot give a better answer.