Request By:
Neil R. Maxey
Attorney at Law
6 Court Street
P.O. Box 476
Mt. Sterling, Kentucky 40353
Opinion
Opinion By: Robert F. Stephens, Attorney General; By William S. Riley, Assistant Attorney General
In your recent letter to the Attorney Generald the question is if a surviving husband renounces his wife's will under the provisions of KRS 392.020 and KRS 392.080, is he entitled to the $3,500 exemption set out in KRS 391.030?
According to the Spouses Election to Renounce Will, his wife died April 28, 1977.
The 1976 Extraordinary Session of the General Assembly, House Bill 6, amended KRS 391.030 to add subsection (4) which provides that the section applies to cases where the husband or wife dies testate and the surviving spouse renounces the provisions of the will as provided in KRS 392.080.
The answer to your question is therefore that the surviving husband, upon renunciation of his wife's will, is entitled to the $3,500 exemption set out in KRS 391.030.