Q: Hello. My friend's Father passed away last November, at 95. His Sister had been his legal guardian, for the past 2 yrs
They are in Kentucky Probate, and his Sister isn't cooperating. She's auctioned off most of the belongings. Now, she's allowing her Daughter to build on an area that is willed to Robert, my friend. They have an August hearing. What are Robert's rights? He has an Attorney, but it seems his Sister has been able to screw him over. She's treated the Father's bank account as his own, and done a lot of other shady stuff with his money - namely stolen it! She has breached her fiduciary duty as Guardian, stolen from her Father. Robert was willed 10 acres, and she's now allowing one of her Daughters to build on it. Can Robert get a temp. injunction to stop this, until the probate ends? Please help...
A: If this probate case is in Kentucky, then I would suggest that you post your question under Kentucky so that a lawyer in Kentucky can properly guide you in this process. Somehow, your question was posted in California. The processes are often different from state to state.
The answer to your question is that Robert needs to retain a Kentucky estate and probate lawyer because the probate is in Kentucky. I am a California licensed attorney and can only answer questions about California law. Each state in the United states has its own separate laws and its own licensed attorneys to deal with and interpret those laws. Given the situation as you describe it, the sooner that Robert retains a Kentucky lawyer the better of he will be. A Kentucky lawyer can answer the questions you pose.
David L. Crockett, attorney/cpa/broker/Martindale Hubble AV preeminent rating.
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