Legal Question in Wills and Trusts in Kentucky
Stepchildren VS wife--a new one for the books--help please!
My father died suddenly last week at age 71, apparently intestate. He was married in 1988 to his 1st cousin (I already know--it's sick).
According to KRS 402.010 cousins marrying is illegal. Proving it seems to be difficult however. It's never been done in the state of KY-believe it or not, so there's no prededent to go by, I suppose.
One atty told us to forget about this case, unless dad was very well off and we want to spend a year fighting. Another says he can have the marriage declared void, for the right amount of $$. Another says we have a 50/50 chance and we are entitled to 1/2 of his estate regardless. How is that possible if the marriage isn't declared void, and if it is declared void, why wouldn't we be entitled to the entire estate?
Do we have any rights here? Are we entitled to anything, even personal belongings? (which are probably disappearing as I type). Does anyone really know?
We were told he has a bank account and safety deposit box his wife doesn't know about. Maybe there was a will. We do not know for sure though. What do we do?
His wife/cousin won't talk to us about anything. Her children have mooched from him for years and there's probably nothing much left anyway.
I appreciate any help. Thanks.
1 Answer from Attorneys
Re: Stepchildren VS wife--a new one for the books--help please!
You are his children despite the circumstances of the marriage and you are his heirs. Normally a spouse receives one-half of the estate as a dower interest. Whether or not the marriage is legal will affect the cousin/spouse's share which may increase your share if it is determined that the marriage is void.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
