English/American inheritance query

[paperbacwriter]

What is the name of your state?What is the name of your state?What is the name of your state?..Kentucky

I would welcome any advice on heritance laws purtaining to the above state and America in general.My father in law (who was American) still had american passport etc has just passed away leaving my mother in law who is English they were married for many years and both have resided in the UK for the past twenty odd years.However he has some real estate in the above state which i believe is in his sole name and i have been told that she as the surviving spouse may not automatically be benificary to this ?due to her being english Any advice or information would be gratefully recieved

 

[BelizeBreeze]

Her being English has absolutely nothing to do with probate laws in Kentucky. You will need to have a probate attorney in the U.K. work with a Kentucky probate attorney. It's a simple matter.

 

[seniorjudge]

If he died without a will, check out these laws:

http://www.finance.cch.com/pops/c50s10d190_KY.asp

 

[rmet4nzkx]

Very interesting SJ, looks like OP's spouse may get more than MIL if the property is valued over $7,500!

 

[paperbacwriter]

another thing & thanks for the advice so far

so am i right in thinking that regardless of the fact they have lived in the uk for years and the land is in his name that it still goes to the surviving spouse regardless of being english + American union Where does the law stand regarding sole and joint bank accounts held in the states ? what procedure is there regarding this if any ? do they automatically revert to her? many thanks p>s what does mil stand for or am i just being thick ? lol

 

[rmet4nzkx]

That is where she will need the assistance of a KY probate attorney. Did he leave a will or trust?

 

[paperbacwriter]

Erm!

He left a will but we now have to find that
things seem more complicated as its not just uk banks etc its all the american side like banks land pension taxes etc big headache

 

[paperbacwriter]

Did the federal laws change on inheritance ?

I would also like to know if at some recent times the federal law has changed regarding inheritance laws .. Some how she is under the impression that living out of the Usa and being married to an American and not being American herself she wouldnt be able to inherit this land as it is in his sole name,apparently she thought this was a recent law change ..? Any advice would be appreciated and thanks for whats already been left xx

 

[seniorjudge]

Inheritance laws are governed by each state, not the federal government.

Do some research into the commonwealth's laws:

http://www.lrc.state.ky.us/statrev/frontpg.htm