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]