Kentucky Bankruptcy Law

Counsel with Care

Share the wealth:

I was recently asked if a wife, married only two months prior to her husband dying, and where his will left everything to others, could still claim a share of the inheritance? Happily for the wife, I could answer “yes”.

Occasionally, a person with a last will and testament, inadvertently forgets to revise that will to include a new spouse. Perhaps the elation of the new love overrides that depressing realization of mortality or perhaps obtaining new spouses has become so common an occurrence that they just do not bother. Sometimes, the testator becomes so fed up with that special someone that they write them out entirely.

Fortunately (or not, depending on whose perspective you take) the surviving spouse can renounce the will and still get a piece of the action. KRS 392.080 provides for the surviving spouse to still take a share but limits interest in real estate to one-third rather than the one-half under intestacy law.

If you are determined to lock out your beloved, a will simply will not suffice.

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April 24, 2007 - Posted by | Estate Planning

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