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?
1 Answer from Attorneys
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.