Legal Question in Real Estate Law in Kentucky

How to obtain deed?

I have a great uncle who lives on a 100 acre farm. It belonged to his parents but when they died there was no will. He had 7 siblings, (one of whom was my grandfather) but they are all now deceased. My uncle has lived on this property all his life. My question is, can he now somehow after all these years obtain a deed to this property in his sole name or will it have to be divided up among the many surviving relatives of his siblings when he passes?

Thanks

J. Russell


Asked on 1/29/05, 9:44 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: How to obtain deed?

From the fact situation, I am assuming that the deceased parents had no will, etc.. GENERALLY, the property would have to be divided among the various heirs. There are RARE fact situations where the uncle may be able to claim the property. The bottom line here is that this is not a "do-it-yourself" project. Consult an attorney who can search the local records to determine the status of the title and flesh out the relevant facts. This often leads to one of the entitled heirs filing a "partition" action which results in a public sale of the property and the sale proceeds divided among the heirs. Anyone can buy the property at the sale. YOU WILL NEED TO SPEAK TO AN ATTORNEY.

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Answered on 1/30/05, 5:54 am


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