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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34262
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My father is the remaining spouse - according to s will the

Customer Question

My father is the remaining spouse - according to his will the son of his deceased wife who is stated 1/2 of the estate with my sister (blood kin of remaining spouse) will only receive the other 1/2 of the estate which we were ll have to divide - which leaves the stepson with 1/2 of the estate - is this correct or can my sister and I contest the will which will equally divide the estate first between blood relatives of my sister and I leave the stepson (not of blood relation to my father) a remaining 1/3 of the estate?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what state this is in?

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And he is leaving his step son half of his estate in his will correct?

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thanks

Barrister

Customer: replied 11 months ago.
Kentucky and per the will my stepmother made sure my dad left 1/2 of the estate to her son whis is of no blood relation to my dad - my dad was a hom vbuilder all his life and built furniture & cabinets - my stepmother stayed at home cooked, painted and quilted - I state he was more the breadwinner than her however my dad had his head stuck up her boot i.e. That he will keep every wish she stated and had him put in his will . he put my sister & I as POC to take care of him till he dies and made me an executor of the estate along with the stepbrother who is bad health - so I think that family is trying to hood me in all the paperwork so he can get his half -- I will not tell them yet, but will be declining my part of executor leaving that family in a hardship - daddy told me and my sister that his 'family' down there was not the 'family we had with our mom - so now we have a complete different attitude about the whole thing - me and my sister have felt that the stepbrother family did not want to,take care of him so that's why they made us the POA - and once again we do not feel the same about him as we did about mom - I think I can require the court thru an atty to have audit of all records to prevent fraud on their part - which I would suspect
Expert:  Barrister replied 11 months ago.

Ok, if you are asking if father can leave half his estate to his non-blood stepson, then unfortunately the answer is yes. A testator can leave their estate to anyone that they want...whether they are family or not. Father could leave everything to his local church, the Humane Society, his children, unrelated people, or anyone else in the world that he wanted to.

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There is no law in KY that states that a parent has to leave any inheritance to his children, or any specific amount, if he chooses not to. The only way that children inherit by law is if the parent died without any will in place at all..

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So if he has a properly executed will in place, he can leave his estate to whoever he wants. The fact that an heir is unhappy with what their parent did wouldn't give them legal grounds to contest the will..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 11 months ago.
ButnImstill can refuse to be to,be a second executor and request an audit can't I
Customer: replied 11 months ago.
But I can still refuse to be an executor correct - and can I,require the an estate audit to make sure there is no fraud involved with their accounting?
Expert:  Barrister replied 11 months ago.

Correct, you are under no obligation to be an executor if you don't want to be and can simply refuse to accept the position. And yes, you are legally entitled to a copy of any inventory and accounting that is filed for the estate. You also have the right to file a formal objection with the court if you don't think that the filed documents are accurate.

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Thanks. ..

Barrister

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