Legal Question in Wills and Trusts in Kentucky

Last Will and Testament still good?

We have a will saying all my father-in-law's possessions should be divided among his five children, but his second wife is not giving up his possessions from his first marriage. Does she have a legal right to his possessions that were accumulated during the first marriage?


Asked on 5/11/04, 10:02 pm

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: Last Will and Testament still good?

There are a lot of questions unanswered here. I do not know when the will was executed-e g. before or after marriage to the second wife. Generally, a spouse (in Kentucky and in most states) does not have to accept the share given in the will or if he/she is left out, they can take a "forced" or "Statutory" share. In Kentucky this is one third. YOu need to seek advice from a local attorney knowledgeable in estate matters. During the interview, he/she can flesh out the facts and give you advice that more accurately relates to your particular situation.

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Answered on 5/11/04, 10:11 pm


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