Legal Question in Wills and Trusts in Kentucky

We have a legal will that has been signed and notorized in the state of kentucky stating who gets what. But another sister came up with a hand written paper that was not witnesses or nortrized stating that she gets all... Is this legal.


Asked on 9/02/09, 3:59 pm

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

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. Which of the purported wills came first? Generally speaking, the last valid will is the one the court will accept.

2. Was the handwritten will signed and dated? Kentucky law, in certain circumstances, allows for signed and dated wills, totally in the handwriting of the deceased, to be considered legally valid.

It is impossible for me to evaluate the validity of either document, without viewing the original copies of each.

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:

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

Good luck!

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Answered on 9/07/09, 6:40 pm


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