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Can I reject my husband's will and claim my elective share?

Can I reject my husband's will and claim my elective share?

Full question:

Can I reject the bequest made in my husband's will? Can claim my elective share separately?

Category: Wills and Estates
Subcategory: Elective Share of Estate
Date: 04/07/2025
State: Kentucky

Answer:

Yes, you can reject the bequest in your husband's will. If you do this, you can then claim your elective share. In Kentucky, this means you would receive one-third of any real estate your husband owned at the time of his death.

To formally reject the inheritance, you must acknowledge your decision before an officer authorized to administer oaths in Kentucky. This relinquishment must be documented and filed with the court that probated your husband's will and the county clerk's office where the will was admitted to probate, within six months of the will's admission. If a will contest is filed within that time, you can wait until the contest is resolved before making your relinquishment.

According to KRS § 392.080, you may also receive your share under KRS § 392.020 in addition to any bequest from the will, if that was the testator's intention.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the rights of a wife when the husband dies?

When a husband dies, a wife has several rights, including the right to claim an elective share of the estate, which is typically one-third of the deceased spouse's property in Kentucky. She may also have rights to any jointly owned property and certain benefits, such as life insurance proceeds. If the husband left a will, the wife can choose to accept the provisions or reject them in favor of her elective share. It's important to consult with a legal professional to understand all rights and options.

Can a spouse waive elective share?

Yes, a spouse can waive their right to an elective share, typically through a prenuptial or postnuptial agreement. This waiver must be made voluntarily and with full understanding of the implications. In Kentucky, such agreements must be in writing and signed by both parties. It’s advisable to seek legal counsel to ensure the waiver is valid and enforceable.

What is the legal concept of elective share?

The elective share is a legal right that allows a surviving spouse to claim a portion of the deceased spouse's estate, regardless of the will's provisions. In Kentucky, this share is generally one-third of the estate. The purpose of the elective share is to protect the surviving spouse from being disinherited and to ensure they receive a fair portion of the marital assets.

Can you exclude your spouse from your will?

Yes, you can exclude your spouse from your will, but doing so may not prevent them from claiming an elective share. In Kentucky, a spouse has the right to claim one-third of the estate, regardless of the will's terms. If you wish to exclude your spouse, consider discussing your intentions with a legal professional to understand the implications and ensure your wishes are clearly documented.

Can I exclude my husband in my will?

You can exclude your husband from your will in Kentucky; however, he may still have the right to claim an elective share of your estate. This means he could receive one-third of your property, regardless of your will's provisions. It's important to consult an attorney to discuss your options and ensure your estate planning reflects your intentions.

Do I have to include my husband in my will?

You are not legally required to include your husband in your will. However, if you choose to exclude him, be aware that he may still have the right to claim an elective share of your estate in Kentucky. It is advisable to consult with a legal professional to understand the potential consequences of excluding a spouse from your will.