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  1. #1
    Join Date
    Jun 2010
    Posts
    2

    Default Inheritance of Real Estate by Spouse or Children

    My question involves real estate located in the State of:Kentucky

    Hi,I am new here so this may not be the right place to post this.

    I will try to make this so that it will be understood.

    My Moms dad had a home and land and at the time was married to my Moms mom.The land was given to him by his sister and the wifes name was not on the deed.The deed said that the land would go to his heirs at his death.

    Would his estate go to the wife at his death or would she have been considered an heir like his children since she was not and is not on the deed.The deed was recorded.

    The husband died in 1949 and the deed was recorded in 1964.His wife died in 1993.She had a will.Would she be an heir as the children or sole or half owner of the estate? She willed the estate to her heirs.

    Can anyone help?

    Thanks

  2. #2
    Join Date
    Jan 2006
    Posts
    21,247

    Default Re: Inheritance of Real Estate by Spouse or Children

    did grandpa have a will? If so, that would direct. If not, the laws of intestate succession would rule.

    http://www.mystatewill.com/statutes/ky_law.htm

    Note the section 392.020.

    Without knowing all of the details of grandpas estate and as such using presumption the house was free and clear, the wife would have inherited 1/2 of the interest in the house with the rest passing to his children.


    The husband died in 1949 and the deed was recorded in 1964.
    you lost me on this one. What deed was recorded in 64?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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