If you don’t want anything, you probably don’t need a lawyer but you do need someone who can at least explain the forms to you so you understand exactly what is happening.

File a petition in probate to administer your dad’s will and become appointed administrator.

Was there a will and we he appointedunder it?

The deed to the property will answer your question.

If the deed to the property was held as joint tenants with right of survivorship between wife and ex, wife owns property upon his death.

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

Contact the public administrator and relay your concerns. If the PA can find a paper trail of mismanagement and/or theft, they can see that charges are brought against your stepmother. Depositing estate funds to her personal account is at a minimum commingling funds.

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

KRS 391.040 says descendants of deceased siblings inherit per stirpes so the deceased sibling (s) share would pass to his descendants.

If there is a will, it will control the distribution. It will specify either per stripes (descendants of deceased dividing do take) or per capita (only the living siblings take). If the person dies intestate, the statute controls the distribution to the siblings.

If it’s a probation violation, a lawyer can file a motion for release. If it is a parole violation, the lawyer cannot file with the courrt as the court has lost jurisdiction and it is up to the parole hearing officer. However, if he has a court date May 11, then it is likely a probation... View More

If there was no property in his name and nothing to be transferred, or less than $7,500, the will would not have to be probated. Children have no absolute right to inherit from their parents so if you are not named in the will, you don’t have the right to see it. As for your mom, unfortunately,... View More

Probate is the process where a will is given legal recognition- the decease may have had other earlier or possibly subsequent wills. People have been know to make last minute changes to their wills. In order for the Court to know which will is the final and true desire of the deceased, the will... View More

If way around probate, you mean get rid of the trailer and collect some money for it, the answer is probably no. If you mean get rid of the trailer and there is no money to be had, then you should simply ignore the trailer. The lot owner will ultimately foreclose on it and it will be gone. You can... View More

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.

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

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.

You have said four things that give me pause:

1) "somehow in 2007 was changed"

it sounds like you are implying there was some undue influence or lack of capacity ...

This is a VERY difficult thing to prove and you need to jump on that two years ago!

2)... View More

No one is OBLIGATED to begin probate for anyone -- particularly when it makes no financial sense to do so, If the CREDITORS want to try to get at whatever assets they can then THEY will have authority to file probate, deal with the IRS etc.

If you have the original will however, state law... View More

You'd better get a lawyer, file a probate proceeding, and get the court to order her to pay that money into the court asap. And you'd better move quickly, before that money is gone.