Legal Question in Wills and Trusts in Kentucky
Is Will valid?
My husband and I made out our Wills a few years ago and he recently passed away. A friend of ours told me that our Wills are not valid because there is not a stamp on the Wills saying that have been filed with the court. Is this true? If they are not filed with the court does that mean they are not valid?
1 Answer from Attorneys
Re: Is Will valid?
Your friend is incorrect. It is not necessary to record a will in Kentucky. If the document meets the limited requirements for validity, it remains valid until it is physically destroyed by the testator, or until the testator replaces it with a subsequent will.
You are well advised to take your will to a Kentucky attorney, who will be able to review it for you and advise you as to its validity. Additionally, he may suggest to you that you should revise your will to make provisions for a different executor or more detailed instructions for distribution of your estate. You can call the Kentucky Bar Association or your local bar association, for a referral to an attorney with expertise in estate and probate law.
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