Atlanta, GA asked in Probate for Kentucky

Q: My father had major stroke in2000 leaving left side paralized, issues with sight ,and etc. My mother died2001.At time of

My mothers death they had savings ,checking money market accounts i. At least 2banks several rental properties thier own home all free and clear from mortage.they gave me a house and 4 1/2 acres in 1998 but wasnt recorded just understood. My father and mother had no will when mom died but somehow in 2007 was changed to include my property and rental place be divided between 4 and that rest of property sold and no moneys left except $60in clothing remaining when my father died Oct.2015.this comes up for final settlement oct/nov 2017.i have lived in my home since it was given to me around 18 years.is it to late to save my house not worried about money (which would have been around 2 million accounts and real estate combined) i am a disabled woman with only 588$ a month ssi so no money for lawyer.is there any legal rights i have to my home. Oh yeah the same day he signed new will they also had survivorship of all assets and properties to go to my brother cutting all of us girls out.thank

Related Topics:
1 Lawyer Answer

A: You have said four things that give me pause:

1) "somehow in 2007 was changed"

it sounds like you are implying there was some undue influence or lack of capacity ...

This is a VERY difficult thing to prove and you need to jump on that two years ago!

2) "comes up for final settlement oct/nov 2017."

That doesn't give you much time, and frankly, your deadlines may have already passed. Seek local help from a well seasoned Probate attorney to insure you have your ducks in a row so you can challenge things. This particularly applies to naming beneficiaries on the cash accounts, and THAT is a better argument for you than the land issue because ....

3) "gave me a house and 4 1/2 acres in 1998 but wasnt recorded just understood."

Real estate can only be transferred in writing. there is no 'understood' or 'but they told me so'. If it wasn't recorded and in writing, it didn't really happen. People often make this mistake IF they think that ....

4) they have "no money for lawyer."

Even if you have to rely on 'legal aid' or some other 'pro bono' attorney you cannot afford to NOT have a lawyer review and provide advice on this! DON'T be penny wise and pound foolish. You WILL lose your house if you can't pay 3/4 the value of it to 'buy' it from your sibs (from what I read between the lines here) and you have ALREADY lost 1/4 of the investment accounts because of the lack of representation here.

Seek local legal help!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.