Evansville, IN asked in Probate for Kentucky

Q: Does my mother have any other options for the home she now jointly owns with her step daughters?

My step father passed away and his will simply says to split his assets between my mother and his 2 daughters. When he and my mother completed their wills, they believed her name was on the deed to the home and ownership would fall to her. This was based on a conversation they had with their mortgage company. They were either given wrong information or misunderstood. The lawyer did not confirm what was on the deed and they did not specifically list the home should go to just her because of this assumption. They were incorrect and the deed is only in his name. Now his daughters are forcing my mother to buy them out (which she cannot afford) or sell her home she has lived in for almost 20 years. Does she have any other legal options to contest the will or to hold up the sale of the home she resides in? Thank you!

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1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Probate Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: She owns 1/2 of the realty by virtue of the marriage regardless of what the will says under the statutes. Idk if that helps much, but she would only have to purchase 1/4 from each stepdaughter rather than 1/3. One would have to see snd analyze the other assets and debt to see where she might be able to gain additional advantages over the step daughters.

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