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The will say to split the estate between my mom and her 2 brothers but since mom passed away before grandma and she never removed mom from the will would I be entitled to Mom's part of the estate?
answered on May 17, 2018
Possibly. The language of the will would determine who inherits in that situation. If the will says per stripes, then your moms share would pass to you and your siblings, if any. If the will says per capita, then your mom’s share would be divided between her siblings and you and your siblings... View More 
My grandfather’s original will stated that his mobile home and the 5 acres of land it sat on were to be inherited by his daughters after his girlfriend (of 20 years) dies. She was to be able to live out her days there. He married her shortly before his death solely so she could receive his... View More
answered on Apr 23, 2018
Depending on what the new will says, the new wife may take under the new will. Once they married, it became a whole new ballgame. Once she marriedto him, she is entitled to at least 1/2 of the realty and 1/3of the personalty. If she gets that under the new will, fine. If she doesn't, she... View More
answered on Mar 14, 2018
In most states, there are laws that say children who aren't mentioned in a will can petition for a portion of their parents’ estates to prevent accidental disinheritance. Because of these laws, a testator should specifically mention a child they want to disinherit.
answered on Feb 8, 2018
If you want to keep the house in the family, you'll have to keep the mortgage paid or pay it off. In order to pass title from your father, you'll most likely have to complete a probate proceeding. Most states have summary or abbreviated proceedings for small estates -- less time... View More
Is it too old or can I still open it? Has state took everything?
answered on Dec 28, 2017
Use the Find a Lawyer tab and retain a local attorney in Louisa, KY to discuss whether there is any reason for you to open the estate, such as the transfer of real estate.
Giftor was deceased husbands father.
answered on Oct 18, 2017
If the gift was made without conditions then it is the gift taker's property from that point forward and he can do with it whatever he wants, including giving it to someone else regardless of how the original gift giver feels about that.
Any 'conditions' (eg -0- this is for... View More
Is this possible? I've moved in with her as she needs a caregiver. I want to continue living here after her death. Can my two brothers override my preference not to sell? Can mom stipulate that I'm to be allowed to live in the house? What inheritance costs will we each have? Appraisal is... View More
answered on Sep 18, 2017
There ARE ways to insure this happens as you've described. It will not be possible with a 'simple' gift however. Your MOTHER (assuming she owns the house as her sole property) should consult with a local estate planning lawyer to determine what combination of ladybird deed, trust... View More
The papers and tags are all in my name and vet bills. Can the executor of his estate get her or do I get to keep her? Me and him lived together the entire time we dated.
answered on Apr 13, 2017
If the dog has 'papers' that would be essentially the 'title' to the animal. If it is in your name, the dog is yours. The fact that the license is also in your name solidifies that more.
It is YOUR dog, not your boyfriends no matter who 'thought' they owned the dog.
My dad is the only beneficiary on the will but its being contested by his half brother. If my dad has no lawyer Is there a chance at his half brother getting half of everything?
answered on Feb 17, 2017
Let me answer this question by asking another question. Your dad has to have his appendix removed. He just lost his surgeon. Does he need to have one or can he 'do it himself'. It is a simple operation after all.
ANYONE having a challenge in court needs to be represented. EVEN AN... View More
answered on Feb 7, 2017
If Mom and Dad own the home as joint tenants with right of survivorship (which would be reflected in their Deed), the house would pass to the surviving joint tenant (Dad) directly. It would not be controlled by her will or lack thereof. If, however, Mom and Dad own the house as Co-tenants, the... View More
answered on Jan 16, 2017
Hard to say. Very generally speaking, if they were valid in Georgia when you executed them, they are most likely valid in Kentucky. Most states' laws recognize the validity of documents validly executed in other states. There are, however, ways in which Kentucky's laws may affect their... View More
answered on Jan 14, 2017
Step-children that are not adopted before age 18 are not considered heirs. They can inherit shares of a decedent's estate if he adopted them or provided for them in his last will and testament.. They do not have to be included in a will. In order to let the world know that the testator was... View More
I am needing some advice on a will that was made between my parents back in December of 2010 when they both was in good health and sound mind unlike this past year has been. there's a lot of details but more less my question is if that's the type of will they had together can my father... View More
answered on Dec 6, 2016
He cant change it retroactively, but any property that went to him, yes he can change what is done with it unless there's some special provision I don't know about. Why not take a copy of the original to an attorney and let them look it over and tell you.
I live in a house left to my son in a living trust if he marries and then divorces is my house in jeapordy in a divorce settlement and is there any legal way I can force a pre-nupt agreement ??
answered on Apr 1, 2016
Yes, it is possible that, in a divorce, his wife would be able to receive some interest in the house.
You cannot force them to enter into a prenuptial agreement. But, if the trust is revocable, you could revoke it and redo the trust so as to avoid her acquiring any interest in the... View More
Children and said property
is not named in the will , before the will goes through probate?
answered on Nov 11, 2015
It is unclear what you are saying: was the property identified in the will or not? If not, it would pass by the "residuary clause", if any.
Unless it is distributed by the personal representative appointed by the probate court, the distributes will not have clear title.... View More
answered on Oct 25, 2015
It is always best to have an attorney when you are considering any real estate transaction.
The will lists by name 5 of us and states that if any are deceased that share goes back in to be split between the ones living. One of the 5 died after the person making the will and the will was still in probate. So what should happen to that 5th person who is deceased's share. Does it go... View More
answered on Sep 12, 2015
Normally statutes of this nature make a distinction between the situation in which the heir dies BEFORE the decedent and the situation in which the heir dies AFTER the decedent. If the heir died AFTER the decedent (the person who made the will), normally the heir's estate (or that... View More
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