Chicago, IL asked in Estate Planning for Kentucky

Q: KY - Probate question (Setting Up Estate after Death) due to Wrongful Death (Potential) Large Settlement or Verdict

My father's mother passed away last year due to horrific bedsores while in nursing home care. She had 5 adult children. 2 had passed before her, and one (my father) passed AFTER her. A wrongful death suit has been filed. In KY only one representative (executor) her son can file lawsuit (done). Her will has been entered into court and specifically says for her children "that survive her" are entitled to her estate (I.e. proceeds from lawsuit). Again, my father survived her but has now since passed. Do I need to open an estate for him so when the time comes his portion will be paid to his family (ie my mother and siblings). I need to know if I need to go through all the probate process of opening his estate so the settlement/verdict will have a legitimate place to be directed to. Thank you.

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

A: Yes. Based on the facts set forth, Your father will take under the will. You should open probate for him.

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