LEGAL BRIEFS | Dying Without a Will

Did you know that, under Kentucky law, if you die without a Will, all your property does not automatically go to your spouse? It’s a common misconception, but Kentucky law prescribes that if you die without a will (in legal jargon “intestate”), your spouse typically gets the first $15,000 and one-half of any estate property beyond that. The remaining assets would then go to the deceased’s children and, if there are no children, to other relatives of the deceased. Often this is not a desirable situation for the surviving spouse. For example, the surviving spouse could be left to care for the couple’s minor children, but the children would legally own half of the deceased spouse’s property.

As always, each person’s situation is unique and there are there are often exceptions to most general rules established by the law. If you have questions, it is always advised that you consult a reputable probate attorney.