Winchester, KY asked in Real Estate Law, Family Law and Arbitration / Mediation Law for Kentucky

Q: What are my rights in an estate settlement if my parent chooses not to have a written will and I have a brother?

I "exclusively in my name" own my own doublewide home that is currently located on the land my parents own. My home is located on a lot of land directly adjacent to my deceased fathers garage "roughly 4 feet away wall to wall", whereas my mother lives in her home on the opposite side of the road on land she also owns with a family vacation camper located out back. My last living parent; who wont live much longer; has chosen NOT to have a will declaring anything or anyone as executor. With her simply asking me an my brother; whom hates me and I him; should divide it up an pay off the final debts. But this is 100% all word of mouth, and the issue is my brother says the land is 100% his as well as the home, and garage when my mother passes away. My brother does not currently own his own home, but lives in a home on land a woman he married rents.

My question is this. What are my legal rights in a estate settlement in the State of Kentucky as the elder brother.

1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Arbitration & Mediation Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: You each get 1/2 under the Kentucky intestacy statutes.

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