Who has rights to estate assets if there is no Will?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Who has rights to estate assets if there is no Will?

My father-in-law passed away without a Will. He has a completely paid for house that was purchased by him and his first wife. They had 3 kids (now adults) and she lived there until she passed 18 years ago. He remarried 3 years later and his new wife moved into the house. He wanted her to have the house to live in until she either passed or had to go to assisted living, then he wanted the 3 kids to have it. Now the new wife wants his kids to sign a document giving her total control and relinquishing their rights to the house. They refused to do this. They said that she could live there, keep taxes, etc up and they wanted it back when she could no longer stay in it. She wants to give it to her kids (previous marriage). What are the laws on this. Do they need an attorney?

Asked on August 19, 2014 under Estate Planning, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes they need an attorney. What you never said here was whose name is on the deed but I am assuming it is his and his first wife's (their Mother).  However, in Kentucky, a spouse inherits 1/2 of your intestate estate under the rules of dower and curtsy. So unfortunately she gets half and you three children inherit the other half as I see it.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption