Legal Question in Wills and Trusts in Kentucky

Simple Will

If my husband and I had our wills done in the state of Oregon, and we now live in Kentucky, are the wills legal in Kentucky?? They are ''simple'' wills.


Asked on 2/14/09, 10:10 am

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Re: Simple Will

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented concerning the exact wording of your wills.

It is virtually impossible for an attorney to advise you of the legal effect of a written document, such as a last will and testament, without having an opportunity to review that document.

Basically speaking, however, Kentucky is one of the most lenient states in the country, when it comes to accepting the validity of a last will and testament. If the document is all handwritten, is signed and dated, it is most likely valid. If it is typewritten, signed and dated, it should also be signed by two witnesses who state that they and the testator (maker of the will) all signed at the same time, and in the physical presence of one another.

If your wills were drafted by an attorney in Oregon, there is a high likelihood that they are valid in Kentucky.

Nevertheless, since you will not be around to explain what you intend after your death, a mistake or ambiguity in your will can be difficult or even impossible to correct. For this reason, your best advice would be to take your wills to a Kentucky attorney for a quick review. The small expense involved may save your estate substantial litigation and tax expenses after your death.

You should not take any action, based upon my advice, without consulting an attorney. showing him your Oregon wills, and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

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Answered on 2/14/09, 6:45 pm


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