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The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father... View More 
answered on May 16, 2024
That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the... View More
We arent sure what debts are out there. We got a notice from an Estate Information Serivce trying to reach someone about my father's estate. We havent contacted anyone. But i want to know if my mother and their home is safe.
answered on Mar 31, 2024
Depends on whose name the property is in. You need to run a credit report on dad and see what debts you can ascertain are owed. Until you determine exactly what debts are owed, the property is far from safe or secure.
What steps do I take? How do I get my money? The property was sold but I haven’t received my half of inheritance. Can I do it for free? About how much does something like this cost to do? Do I have to prosecute the person to get my money?
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answered on Mar 1, 2024
You will have to hire a KY attorney that does real property litigation. It will be an expensive and difficult suit for Ejectment, Quiet Title, etc. where you have to prove title. But if that Will was not filed for Probate, it means nothing. There are stringent SOLs involved, so either file... View More
Me, her daughter was POA in her living will but we hadnt been able to finish writing the last will and testament. I am to be the person to inherit her house and make sure it is available for her kids or grandkids to stay in if they should ever need a place We were talking about a dynasty trust or... View More
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answered on Nov 22, 2023
I'm sorry to hear about the loss of your mother. Navigating estate matters can be complex, especially in situations like yours where the last will and testament was not completed. As the person with power of attorney in her living will, you have a significant role, but it's important to... View More
I was listed as only beneficiary but was 6. I lost the copies of correspondences and of the name of insurance co. I dont believe they thought I d ever know about it. I m now 40 and they have kept it. How do I proceed?
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answered on Nov 13, 2023
To address the issue of a life insurance policy where you were the beneficiary but the funds were kept by your grandparents, you should start by gathering as much information as possible about the policy. If you don't remember the name of the insurance company, you might try to retrieve this... View More
Has several personal bank accounts. Tools, and other assets. Wants to leave them to ONLY 2-3 specific children out of numerous kids. Would you need a regular last will & Testament or Living Trust? Also wants someone to go to the bank for them bc they are bedridden so do I need a financial power... View More
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answered on Jul 27, 2023
Your goals can be accomplished using just a trust or a combination of will and financial power of attorney. The choice depends somewhat on how motivated you are to avoid the hassle of probate for your intended beneficiaries by using a trust. Trusts also tend to invite less litigation. Will... View More
The tax preparer told my sister to have my mom report it on here taxes, but the 1099-s is my sister's name. Who reports it?
answered on Mar 12, 2023
If your mother was the owner of a life estate and she sold her interest in the life estate then the proceeds from the sale should have been earmarked for your mother only and the 1099-s should have consistently named your mother as well. Once your mother received the proceeds, unless there are... View More
My dad is a veteran who lived in KY with my adult brother and his autistic son. His house is in his name. He has almost no assets ( 14 year old car and paid off double wide trailer). He has a will and left trailer to myself and brother with contingency that my brother can continue living there.... View More
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answered on Jan 3, 2023
Probate is probably a bad option with little assets and debt out there. You can check the Courts in the Father's County to see if there are any money judgements out there against him which might also be a lien. Consult a KY attorney for advice about the trailer title. Remember someone has... View More
Home that's been in my family for over 30 years and I signed a waiver for probate hearing to appoint my brother as administrator of estate cause my mom dies without a will but my brother and my mom both was homeowners on the land house deed anyways my brother told me I could live here till I... View More
answered on Jan 1, 2023
Yes. Your brother can sell it and the new owner can have you removed. With no will, mothers estate will be divided among her children so you will have to either buy out their shares or sell your share and receive the money.
A Kentucky attorney created a will that details life insurance payout and how the funds should be used (split into 4 and used for school tuition etc.) The life insurance company only has one beneficiary listed, who happens to be the executor of the estate. There is an open probate case currently,... View More
answered on Nov 21, 2022
Life insurance passes outside probate unless the estate is the beneficiary. If the executor is the beneficiary, the proceeds should pass outside probate.
Or anything unless to start drama. They say I have to have my home sold and divided equally with them as he and I had 8 children we adopted plus 3 of ours together I have paid every payment tax and insurance on the house the last 10 years. Alone and still owe 8 more years on it
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answered on Nov 15, 2022
As a general rule, you do not have to leave anything to anybody in your will if you don't want to, unless you have entered into some kind of contract that says otherwise (some people do). But that is not the end of the inquiry. The question is whether you own the house 100% solely in your... View More
Probate said I need to get all his biological children over 18 to sign off on it but his 3 older ones won't saying they would be signing their rights away to my house. But deed states that if either of us dies first house goes to surviving spouse. Do they have right to my house in my passing... View More
answered on Nov 13, 2022
They have no right to you house as it passed to you pursuant to the deed. Ask if you can do a dispense with administration. If not, you will have to file to open probate and get appointed administratrix in order to sell the bike. In any event, his adult children probably get nothing.
We need time to get a place to go. Is 6 months too long
answered on Nov 2, 2022
You’ll either have to reach an arrangement with the estate to stay in the house and rent/buy it or you’ll have to move out. Many factors can’t impact it, but 30-60 days is usually the time given to move if no agreement is reached.
4 siblings, oldest has control over estate.
answered on Oct 27, 2022
Depends on the value of the house but most likely the answer is no tax due.
Is it legal to chane the wills now,after her death?
Thank you in advance for your response
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answered on Oct 24, 2022
He can always execute a new Will, but disappointed legatees/devisees might contest the Will when Probated. The argument is a mutual will under contract, but it is hard to prove and win on. It can also be hard to effectively revoke the existing document, if he does not have possession of it.
My Eldercare attorney has told me I should do a one percent deed with my elderly father.
answered on Jun 18, 2024
Sounds like they are suggesting a life estate in the property be given up your father (which means he owns and remains in the property until he passes), with the remainder to you as her. Once your father passes, full ownership would vest in you.
My wife is the executor and the will states for my brother and me to receive her entire estate, my question is, do we have to go through probate court? We reside in kentucky
answered on Jun 17, 2024
It depends on what property there is in the estate amnd how it is titled.
If joint you will not need probate. If it is still in her individual name you will need to go through probate.
Thank you to Tim Dennison for info on the will. Will was accepted and executor named now need to know how long advertising for creditors with claims to come forward needs to be posted and where is the legal platform you are to post announcement??…. I did send off letters with the DC but executor... View More
answered on Jun 10, 2024
The estate must remain open for six months after your appointment to address any proofs of claim. If you have notified all of the known creditors, you need do nothing else.
There is a church near me that has been abandoned for a while, it is listed as owned by itself (XYZ church)... but the organization (the church) isn't listed as existing with the state's bsuiness office or with the IRS. Who would therefore own it? And how could it be acquired?
answered on Jun 3, 2024
You would need to get the property address and run the title. The deed will tell you who the true owner of the property is. Then you can proceed from there.
answered on Feb 24, 2024
Many more facts are necessary to form a reasonable answer to your question.
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