Legal Question in Administrative Law in Kentucky


my exhusband of 19 years had our two subsequent marriages annulled by the catholic church will our children still inherit his estate?

Asked on 3/07/09, 5:12 am

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Re: inheretance

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:

(1) Were the 2 marriages annulled by the church between you and your ex-husband, or was he married to someone else.

(2) Does your ex-husband have any other children?

(3) Is your ex-husband presently married?

Generally speaking, a church annullment has no legal effect in Kentucky; either upon the legal status of the marriage, or upon inheritance rights of spouses and children.

If your ex-husband dies unmarried, and without a last will and testament, his children will evenly divide his estate (along with any of his grandchildren of any deceased child).

If he is married at the time of his death, his wife may take as much as one-half of his estate, with the remainder to the children.

On the other hand, he can write a will, disinheriting any or all of his children, if he so desires. He may not, however, total disinherit a wife he is married to at the time of his death.

You should not take any action, based upon my advice, without consulting an attorney 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:

Good luck!

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Answered on 3/07/09, 4:59 pm

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