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

Q: Can I deed a piece of property to my brother immediately after my wife's death if she did not have a will?

My wife and I had a piece of property in both of our names. If she died without a will, can I immediately deed it to someone or does it have to go through probate. If it didn't go through probate, will the deed be legal if I did it anyway?

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

A: You really need to speak with a probate attorney before you transfer anything. If the deed was held as joint tenants with right of survivorship, you probably can but you need to make sure there are no adverse ramifications if you do.

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