Legal Question in Wills and Trusts in Kentucky

Re: Will & Estate

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. Before an attorney can advise you as to the best approach, a complete and detailed review of your estate is necessary.

A will is a written legal declaration of a person�s intention controlling the disposition of property at death. The laws of the Commonwealth of Kentucky require:

1. You, the maker of the will, must be at least 18 years of age.

2. You must be of sound mind.

3. The will must be in writing.

4. Your name has to be subscribed to the will.

5. If the will is typewritten or made by someone else for you, it must be witnessed in the special manner provided by law.

6. At your death, the will must be probated in court.

While any real or personal property may be transferred by a will, there are some restrictions of law that may limit completely free transfers. For example, you may not unqualifiedly exclude your spouse as a beneficiary. Another example is joint property with a right of survivorship which will go to the survivor of the owners.

Your attorney should draft the will. No sensible person would engage �just anyone� to fill teeth, or take out an appendix. The proper drafting of a will involves the making of decisions requiring professional judgment acquired by years of study, training and experience. Only the practicing lawyer can help you avoid the many pitfalls and advise the course best suited for you.

You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

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