Car Crash Death...

by Anonymous
(Kentucky, USA)

My husband was hit and killed on an expressway in Kentucky. The woman that hit him was not charged with anything and she did not have car insurance. My husband did not have a will and his life insurance did not go into effect for 4 more days.

My car insurance paid me on the uninsured/under insured motorist portion of the policy. Now I am being told by my husband's family that I need to give half of the money to his son that is over the age of 18, did not live with us or even live in the same state, and was not on my insurance policy.

I have contacted an attorney but have not heard back yet. I have to pay my husband's outstanding debts and giving half the money to his son will not allow me to pay off all the bills. What should I do now? Is my adult stepson entitled to half the insurance payment?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

ANSWER for "Car Crash Death...":


Under the facts you present the answer is NO! In the State of Kentucky if a person dies “Intestate,” meaning without a will, the law presumes the deceased intended everything he owned or was due goes completely to the lawful wife. The money is yours to do as you please.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy

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