Legal Question in Wills and Trusts in Kentucky

Possible will found from 20 years ago

My stepfather passed on 2/17/08. We believed there was no will. His ex-wife supposedly has one from at least 20 years ago and has supposedly filed it with an attorney saying it left everything to her. My Mom and STepdad had been married for ten years and own a house together(mortgage) and a house free in clear in Florida they purchased together. The only thing left is a car in his name that he bought this past year in 2007. Does his ex-wife have a shot at getting anything. Should my Mom be worried about losing what is left. Also, my mom is the sole benificiary on the life insurance, can this supposed wille ffect that?


Asked on 3/10/08, 2:13 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: Possible will found from 20 years ago

If the supposed will was made prior to your stepfather's divorce from his prior wife, then provisions related to her were nullified by the divorce. If it was made after the divorce but before remarriage, which is very unlikely, then there are some legal arguments that could be made. In that scenario, you should get a lawyer.

I am assuming the house purchased in Florida had a right of survivorship clause in the deed, in which case it passed to your mom outside of the operation of any will (if Florida law is the same as Ky law, it also passes outside probate). Also, if the life insurance named your mom as the beneficiary, then that also passe to your mom outside of any will (or probate for that matter).

So, it is unlikely that the ex-wife has a valid claim. If she presents the will to probate, it would be worth consulting with a lawyer directly though, because some of the answers are very fact specific.

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Answered on 3/11/08, 9:13 am


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