Legal Question in Real Estate Law in Kentucky
Heir to property
Their is a piece of property which belonged to my mothers great uncle. She is only living immediate decendent to this property. How could she claim this property? We found through the court house that a sister-in-law of hers has been paying taxes, but does not entitle her to the property. I would really like to be able to help her with this. She has no assests and has worked hard all of her life. She just does not have the knowledge rearding this situation. Please advise. Thank you.
1 Answer from Attorneys
Re: Heir to property
You do not give enough information for a specific answer. Generally, in Kentucky when a person dies without a will, one-half of his property goes to his/her spouse as dower and the other one-half goes to his/her children. If the title to the property was held in survivorship between two people, then the survivor gets it. (most of the time this is husband and wife). Kentucky Revised Statutes Chapters 391 and 392 specify how property is to go when there is no will, etc. In order to determine the strength of your mother's claim, you would have to know more facts. For example, did the great-uncle have children and a wife? If not, were his parents alive at his death?, If that was not the case, how many brothers and sisters did he have, and their descendents, including your mother? As you can see, this can get complicated. A short consultation with an attorney who can develop the facts would be a small amount of money well spent and get you quick, reliable answers so that you can make a good decision on your mother's behalf. Of course, if he had a will, then the property goes by the will.