Will laws

In Kentucky, my husband has a will made to his children only. The home is in his name only. All savings are in both of our names. We have been married for seventeen years. I have always worked and made good money, more than my husband. I carry all the insurance on us. I have contributed to the remodeling of the home. Am I entitled to my share of what has been put into the marriage? Will the children be able to get the savings too?

renee01na said:

In Kentucky, my husband has a will made to his children only. The home is in his name only. All savings are in both of our names. We have been married for seventeen years. I have always worked and made good money, more than my husband. I carry all the insurance on us. I have contributed to the remodeling of the home. Am I entitled to my share of what has been put into the marriage? Will the children be able to get the savings too?

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My response:

This is a wonderful "looking glass" into your husband's mind, and very telling of what he thinks of you and the marriage.

The only way you're getting anything is through divorce. Make sure you do so before he dies, or you'll get nothing.

IAAL

SEP. 1, 2001

DEAR RENEE:

Most states do make provisions to protect the spouse so that at least she will receive something. I'll have to do some research on this and reply in about a week or so.

SINCERELY,

[email protected]

I was under the impression that in Kentucky it was not legal to disinherit your spouse and there is a State mandated percentage of the estate due to the spouse. This forced share is enforceable unless there is evidence of abandonment by the spouse.

I am not a lawyer though, it is just what I have read.

Tim.

SEPT. 6, 2001

DEAR RENEE:

Please post your question on the website www.lawguru.com so it can be seen by a Kentucky attorney who would respond.

You as the surviving spouse would be entitled to 1/3 of any real estate acquired during the marriage and 1/2 of your deceased husband's real estate and personal property.

As far as the savings accounts, the children would only get a portion of that if it was reported to the probate court as an asset. But you can avoid this by being the first one at the bank to claim the money right after he dies (which would not necessarily have to be reported as a probate asset, and of course, you could spend it however you wish), and as joint tenant the bank should release the money to you, whereas if there was no other name on the account they would only release the money to the executor of the deceased husband's estate.

Under normal circumstances, I guess you could trust the executor to give you your fair share of what is rightfully yours after all estate bills and debts have been paid. The only problem is, does the will specify what is to happen with the house? Would you want to sell your half of it or would you want to continue living there?

I assume the executor will be contacting you at the appropriate time to give you a check and the title to your half of the house, but if you have any doubts about whether you will be treated honestly and fairly or if you think they may try to hide some assets from you, you should consider hiring your own attorney to represent your interests after the death occurs.

SINCERELY,

[email protected]