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Wife is deceased, has 3 children/heirs, my 2 brothers and I. His assets: $36,500 that he was about to inherit from his mother’s estate, and a 2016 Nissan Versa that needs transmission repairs in order to be drivable. My 2 brothers and I agree that I will be the administrator of his estate. Is it... View More 
answered on Sep 5, 2024
It appears you will not be able to dispense with administration because your dad’s estate is over $30,000, which is the maximum amount of assets that can be dispensed. Contact a local lawyer who can guide you through the process, which should not be terribly complicated given your description.
I have a 2 year old niece, who I want to name as an heir. I do not want her parents, my brother and sister-in-law, to have access to the money. I want her to inherit it when she becomes an adult. How do I accomplish this?
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answered on Aug 20, 2024
Your heirs are determined at your death, not while you are alive. For money a trust will be in order with a good Trustee running it until the Trust is executed and distributed to the grown Niece. If land is involved, hire a competent KY attorney to draft a future interest deed with the Niece... View More
I just found out that my brother and i co own a home (bc our mother died) with our aunts. My grandmother has been gone 9 years (mom almost 11 years). I rented her home from my aunt's for 3 years and 8 months without knowing I was a co owner. I paid roughly 25 000 in rent. Do I have a case? And... View More
answered on Aug 11, 2024
A Kentucky attorney could advise best, but your question remains open for two weeks. What kind of attorney? Maybe a starting point would be an attorney who deals with wills and estates (it looks like you're already pointed in the right direction with your selection of the "Estate... View More
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
answered on Nov 26, 2024
Yes, although you may have a claim for the improvements you e made to the property.
My mother passed away with no will in August 2023, I'm an only child. However she was married to my stepfather at the time of her death, he has 3 children. My stepfather recently passed away (August 2024). One of his daughters got involved right off the bat when my mom died, throwing away my... View More
answered on Nov 7, 2024
You'll need to file a motion in the step-dad's probate case asking the court to review the propriety of these actions by your step-sister. Since there was not will, the laws of intestacy will apply as to how the estates are divided.
He was hired for probate by me the executor. He has done a terrible job. He charges an exorbitant amount already. He has even advised some things that are morally wrong and possibly illegal. I just want out of the contract.
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answered on Aug 16, 2024
Lawyers cannot sue their clients for firing them, but they can sue for monies already earned or owed.
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.
How do you report a lawyer for making a fake Will ? Am I aloud as a sibling to see the records of our mothers nursing home lawsuit settlement ?
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answered on Feb 21, 2024
You might consider contacting the local prosecutor or seeking help from the Kentucky Bar. Before you do any of that I'd hire an experienced wills/trust/estate lawyer to advise you.
are minors). Grandchildren will each receive about $2500. How should this be paid to minor children and can the minor children sign the informal settlement agreement form.
answered on Feb 8, 2024
The probate court will set the terms but generally the children’s money will be placed in a blocked account until they reach age 18. The Court will have to give permission before any of the money can be withdrawn. The minors do not sign the informal final.
The executor is an attorney who also prepared and witnessed her will. It states "to hereby give, devise and bequeath to my son all of my ownership interests in the home to be his absolutely and in fee simple." where I have lived and made mortgage payments for 20 years. He nullified this... View More
answered on Feb 7, 2024
If a lawsuit was filed and the attorney was deposed or was to testify, it is not likely that the privilege objection would be upheld.
My mother’s will states to hereby give, devise and bequeath to my son all of my ownership interests in the home to be his absolutely and in fee simple. In spite of this, and instead of following her last wishes to add me as part owner, The executor, an attorney, told me that because he prepared... View More
answered on Feb 5, 2024
While this would be best answered by an Estate Planning Attorney in the State where this occurred, it does appear to be malpractice.
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