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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.
Now my father passed and I inherited his property I am trying to find out how to get the land that was my uncle’s put in my name
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answered on Jul 5, 2024
Hire a KY attorney to search the title and determine heirship. Then either record an Affidavit of Heirship or Probate Father's Estate (or both). Do as your KY attorney advises. Deceased Relatives cannot give you a deed.
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
no will, deceased had 3 children, myself and my 2 brothers, and his wife who is long-term institutionalized, estate is small under $30,000 with no real estate. will his wife be able to benefit somehow, she is not able to care for herself physically and mentally.
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answered on Jan 5, 2024
Yes, the wife inherits her share even if she lacks capacity. If there is nobody with a power of attorney to manage her finances then a conservator may need to be appointed. And it can get even more complicated if she is on government benefits. If that is the case then remember that someone will... View More
Deed, still in grandmother's name. The probate was closed. I recently received notice from court of unpaid taxes and liens if I pay taxes and liens how do I transfer deed to me? Do I have to reopen probate?
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answered on Jan 1, 2024
Based upon the facts you have provided, it looks like the buyer bought and paid for the property but failed to record the deed. That does not mean that your grandmother's estate still owns the property. All that means is that a public record of the transaction was not made. The deceased... 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
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.
What paperwork will they want me to sign? And can they refuse me my money if I choose not to sign anything other than a receipt for my money? If they refuse what steps do I need to take next?
answered on Nov 21, 2022
You shouldn’t have to sign anything other than a receipt that you have received the funds. If you don’t receive the funds, you will have to make a motion to hold the disbursing agent in contempt.
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.
I have not received any documents saying it was. The only thing I know is a formal accounting was filed. Does that mean it’s formal?
answered on Nov 8, 2022
There is no formal probate or informal probate. Those terms apply to the final settlement only. Go to your district court clerks office and ask for a copy of the settlement. Informal basically means that everyone waived a formal account and formal means they didn’t so all supporting... View More
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.
answered on Aug 30, 2024
Depends on what , if anything, POA did with the money after account was changed.
In addition to the executor, my friend's next-of-kin also refuse to initiate probate. As a beneficiary of my friend's will, is there any action I can take to initiate probate? Do I have any rights as a beneficiary?
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.
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