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Church lady

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Ken Lawson

Junior Member
What is the name of your state (only U.S. law)? Kentucky A lady at our church has a question or two and needs advice. Her husband is going to pass soon. bless him. they have been married for 20+ years, both have been married before, he has 10 kids, she has two, none of their own.
she is afraid that his kids are going try and take everything they have and make her move. He has no will and refuses to get one. what are her rights and the rights to the children, she wants to do whats right
but don't want to move or sell everything after he passes.
 


anteater

Senior Member
Generally, the surviving spouse would be entitled to 1/2 of the intestate estate.

But, how is title to the residence held? What does the deed say?
 

Farfalla

Member
Kentucky is an Equitable Distribution State.

Is there any way she and her husband could draw up wills before he passes? Also to make sure that the house in deeded in such a manner that it passes to her?

If he will not do a will at this late date, your friend should see an attorney now to protect herself. She could file immediately after his death of be appointed as executer, etc. While some might think that cold harted to plan ahead, if her husband does not care enough to protect her financial well being than she needs to do it.



If he die without a will (known as dying "intestate") in Kentucky, his assets will be divided amongst his immediate family. His spouse will receive the first $15,000 of his personal property or money. In addition, his spouse is entitled to one-half of his real and personal property. The remainder of his property will be distributed in the following order:

his children and grandchildren
his parent or parents equally
his brothers and sisters and their children
his spouse
One-half to his mother's relatives and one-half to his father's relatives
 

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