Get free answers to your Probate legal questions from lawyers in your area.
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
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?
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.
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?
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
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?
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
The will states that majority of the executors rules. The grandchildren are not mentioned in the will. They will get their dad’s share.
Grandchildren have to sign the deed in order for it to be legal if the remaining executors sell the property?
answered on Nov 20, 2024
Depends on whether the will provides for alternate or back up executors and/or executrixes.
Mom passed in Feb legally married to the skeezy slime bucket that kicked her out abandoning her and their marriage. Kicked her out with nothing and nowhere to go she had to start over with no financial support at all from him the whole five years. Mom was 60 yrs old having to walk miles to and from... View More
answered on Nov 2, 2024
If she died married to him and without a will, he will be entitled to inherit from her estate. Doubtful a challenge to the intestacy laws will help.
I have title in his name, and papers from court. How do I get it back?
He has no idea where the money is, how much he gets as he’s older or any details. His aunt is trustee and she has us blocked and ignored calls. I’m afraid there won’t be any money there. This isn’t the only trust she’s in charge of!
answered on Sep 30, 2024
Not unless the trust provides for it. There is no basis listed in your question that would give rise to contesting the trust. The trustee is under a fiduciary duty to the beneficiary to ensure that the money is there and that the terms of the trust are followed.
Stepdad was granted executor and has not included me in anything nor has shown me any paperwork. I am the only living child, he says she left me nothing. Please help
answered on Sep 16, 2024
If she didn’t have a will, she couldn’t have left anyone anything. With no will, the laws of intestacy under Kentucky law provide for distribution. You can find them set out under KRS Chapter 391.
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.
answered on Aug 16, 2024
Lawyers cannot sue their clients for firing them, but they can sue for monies already earned or owed.
Can he let me inherit it thru probate so I can dodge some of the taxes of selling it in a short amounts of time.
answered on Aug 10, 2024
You cannot inherit the house through probate if it was originally left to your friend, as the probate process distributes assets according to the deceased's will or state law. If your friend receives the property through probate, it becomes his to sell, and the sale would be subject to capital... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.