Kentucky Wills Trusts Attorneys Lawyers

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Former Kentucky Assistant County Attorney

A surviving spouse needs to know what to do in Kentucky.  As a surviving spouse you have certain rights and benefits.  Kentucky Statute 391.030 provides that a Kentucky surviving spouse may take the spouse's share under the will or the spouse may reject the will and get 1/2 of the surplus property and 1/3 of the real property.   Spouses can  also take the first 7500 of the estate before any creditor gets any part.  Spouses may elect to withdraw the first 1000 dollars from the bank account of her spouse however all of these Benefits need court approval.   Kentucky Statute 427.060 protects the home from the dead spouses creditors but only to the extent of 10,000 dollars. Under 427.070 upon the death of a spouse the surviving spouse or underage children may live in the home as long as the spouse lives and  occupies it.  If there is a will or trust you need to safeguard it. Under Kentucky law 140.050 you are allowed to get obtain a copy of the will from your spouse's safe deposit box but someone from the Kentucky Revenue Cabinet must be present at the time of opening.    

A burial and funeral allowance may be paid for deceased veteran spouse who was entitled at the time of death to receive Veterans Pensions or Compensations.  But a surviving spouse has to file this claim within 2 years of the death of a non service connected veterans.  There are other benefits for the veteran's spouse or children.  In order to get these benefits the widow will need the discharge papers, the service serial number, the marriage license, or children's birth certificates and the death

This is an advertisement for the Kentucky Trusts and Wills Manual.  This is not legal advice.  Only an attorney should advise you about your individual legal problems.  It is for informational purposes only. You can download the Wills and Trusts Manual for free . 

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