Harold, KY asked in Probate for Kentucky

Q: Step-children after spouses death

My mother’s husband passed without a will. All his assets were bought jointly after the marriage. My Mother’s name is jointly on all the titles. The only thing just in his name was his bank account and one son stole his bank card and emptied it. She had told the step-children she would give them some property after probate and deed it to them. When she went to court for probate they showed up to be added as executors to the estate. My question.. can they take my Mother’s property and does she need a lawyer ( they have a lawyer)?

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN

A: They can't take your "Mother's property" but they sure can try, and if you do nothing, they might succeed in hoodwinking the judge. Happens all of the time. You need a lawyer to prevent that from happening.

Timothy Denison
Timothy Denison
Answered
  • Probate Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: They cannot take your mothers property and yes, she does need a lawyer.

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