Legal Question in Wills and Trusts in Kentucky

Re: will

No. That's what we call "an old wives' tale."

There is, however, a legal principle known as the "pretermitted child doctrine." In cases where a testator (the person making the will) leaves all or part of his estate "to my children, Joe, Tom, and Mary, share and share alike," and then Sally is born after the will is signed, the law presumes that the testator would have wanted Sally to have an equal child's share.

Similarly, if the testator leaves a bequest "to my children, Joe and Tom," and leaves out Mary, this can prompt litigation in which Mary argues that the testator left her name out inadvertently. If, indeed, the testator wishes to disinherit Mary, he should indicate "I have expressly made no provision in this will for my daughter Mary." You will hear people say that he must leave Mary at least one dollar, but this is not the law in Kentucky.

Preparing your Last Will and Testament is an important legal step. 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

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