Legal Question in Real Estate Law in Kentucky
Mom's house
My grandmother died over 30 years ago. In her will, she stated that all property was my mothers to do with as she pleased until she died and then be divided among my mothers children. (My mother was an only child). The state highway dept bought the property to build a road. My brothers and sister and I had to sign a document agreeing to the sale but the check was made to my mother. She bought a new house and car. She is now elderly and wants to move into an assisted living apartment and give the house to me and one of my brothers (#1). My other brother(#2) and sister have sponged off of my mom for years and she says they have already rec'd their fair share. My brother (#1) and I recently took CD's that my mom had bought for us and paid off some of my sister's debts because my sister was not making payments on them and my mother had cosigned for them. Brother #2 has always felt that the house belongs to him because of the way by g-mothers will was written. He threatened to sue my mom right after she bought it because he was in financial trouble and wanted the money. If my mom gives us the house and we sell it, is there anything my siblings could do to us or my mom to try to get some of the proceeds?
1 Answer from Attorneys
Re: Mom's house
Without seeing your grandmother's will, I would not be able to give you a specific answer. If this will provides that your mother could do anything she wanted with the property, then when the highway dept purchased it, the money would, more than likely,be considered hers and the property that she purchased with it would not be subject to your grandmother's will. but this answer is so general that you should consult a local attorney who can review the documents and render a good opinion. He/she can alos advise you on the disposition of assets.
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