Louisville, KY asked in Real Estate Law and Probate for Kentucky

Q: Looking at Purchase. Owner(Husband) wants out. May be issue with an estate/probate. In Kentucky. Limited knowledge.

Current owner(husband) pays current mortgage. His wife passed away a few years ago. No will or estate/probate was done upon death. He wants to sell now. She was gifted real estate from family. They were married at the time of the gift. He just found out his name was not on deed to the real estate. They together, while married, purchased manufactured home and placed on property(18-20 years ago). He says he doesn't know if there was a affidavit of conversion done or not. He doesn't have a title to the manufactured home. His kids think they are owed proceeds from sale. Obviously, he doesn't think so. Is there a right of survivorship here? Looking to help the guy, but I also have incentive to only deal with him and not an estate/probate on purchase. He has court date soon and will be appointed administrator. Do kids have "right" to proceeds? Where do I send him to find his answers on deed and keep his kids from draining this sale?

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

A: Husband has a 1/2 curtesy interest in the real estate and a 1/2 curtesy interest in the personal property. He should immediately hire a probate attorney to assert his rights.

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