Legal Question in Wills and Trusts in Kentucky
Testamentary bequest
A testamentary bequest to a newphew will require a personal representative to do something that would not be required if all an the estate is passed to the children. what? please site the KRS section or sections that would apply to this.
1 Answer from Attorneys
Re: Testamentary bequest
In Kentucky, there is no restriction as to whom you can leave anything. The only thing that you have to be aware of is that a surviving spouse can renounce the share under the will and take a statutory share which is 1/3. All the personal representative has to do, besides follow administrative steps set out by law in the form of accounting and settlement filings, is follow the dictates of the will. Who the Decedent leaves property to is irrelevant. You do not have to leave your children anything. You can leave it to a neighbor. The Court may require notice of the application for probate in your case to the children but that is descretionary. See KRS Chapter 395.
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