No will after death of a spouse?

Question

My friend's dad died in 1988 and left no will but was married and had one daughter living? Was the daughter entitled to anything since nothing had ever been done? They are from KY.

Answer 1

Is there always an estate after a person dies?

Answer 2

Well, it depends on the state.  Likely, the spouse is entitled to everything, however, dad only owned 1/3 of the property according to what you say.

This property can NEVER be sold, until both estates get probated.   Daughter is 1/3 owner of the property.  Dad's estate is 1/3 owner, and mom is 1/3 owner.  Depending on who mom leaves her share to (and it might be 2/3 share, if she automatically gets dad's share according to the state law), it could be a really ugly ownership situation.

Daughter is going to have to hire a probate lawyer to straighten this out.  Or, maybe she can give up her third ownership right, in favor of dad's estate, or mom, through a quitclaim deed.  That might be the easy way out.

Answer 3

It depends on the probate laws that were in effect at that time.  If there is no valid will, then the probate laws decide who gets what part of the estate.  And a lot of people don't know that those can vary dramatically from state to state, and not be anywhere near what common sense says that they would be.  Some may have been written 50 or 100 years ago, when opinions about who should inherit were dramatically different.  For example, a son may inherit much more than his sister, or even more than the widow.  If you don't have a will, and you have real estate, or kids, or assets over a few thousand dollars, you should have a valid will.

Answer 4

all the property and finances went immediately to the surviving spouse

when a parent dies and there is a living spouse- what makes you think the child is automatically  entitled to  anything

they are entitled to nothing unless its in the will or when the surviving spouse dies - then if there is no will, it will go to probate 1st

Answer 5

The daughter would have received whatever was in the estate, after probate.  A will simply lays out the division of assets per the deceased's wishes, but the will would still go through a probate process.  Since there was only one living relative in this case, everything should have gone to her.