04/30/2026
⚖️ Little Legal Tip– Kentucky Estate Planning💡
Married with children and no will? Your property may not pass the way you expect.
Under current Kentucky law, if someone dies without a will (intestate) and their deed is not held in survivorship, the surviving spouse generally receives one-half of the estate, with the remaining half going to the decedent’s children.
🏡 Your deed matters. How your deed is written can be just as important as having a will:
With right of survivorship: property passes automatically to the surviving owner.
Without survivorship: the deceased spouse’s share passes to both the surviving spouse and the children—meaning the surviving spouse could end up co-owning property with them.
We’ve seen this firsthand. Last year, we had to deliver this difficult news to two widows. Because their property was not in survivorship, they unexpectedly became co-owners with either their own children or their spouse’s children from a prior relationship. In one case, the children even moved to force a sale of the home.
Key takeaway: If you want your property to pass directly to your spouse, make sure your deed is properly titled with survivorship or you have a Will.
👉 Important update: Kentucky enacted significant changes to intestate succession during the 2026 Regular Session through SB 50. Once the new law takes effect, a surviving spouse will inherit the entire estate when all children are shared with the decedent. If there are children from another relationship, the estate will still be divided.
Give us a call today to make sure your wishes are carried out. ☎️2708210711