My husband was waiting on an inheritance from his grandparents when he passed away. They had a will, he did not. As his wife, am I in titled to that inheritance and if so, how do I collect it?

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My husband was waiting on an inheritance from his grandparents when he passed away. They had a will, he did not. As his wife, am I in titled to that inheritance and if so, how do I collect it?

While we were wait for the 6 month probate my husband
died suddenly. It’s been several months and I’m
wondering if it’s worth my time to pursue legal action
or is it something that will take care of its self. I
live in Kentucky.

Asked on August 8, 2016 under Estate Planning, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since your husband was entitled to his inheritance at the time of his death, once he died his estate was then entitled to it. Being that your husband intestate (i.e. without a Will), the intestacy law of the state in which he was domicilied at the time his death will control. In KY, 1/2 of the estate goes to the surviving spouse with the remainder to the children of the deceased. If the deceased had no children, then the entire estate is paid to the surviving spouse.


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