Legal Question in Real Estate Law in Kentucky

When my parents passed, their will left their home and land to me to live on as long as I saw fit..but if I ever decided to sell, the money from the sale was to be split between the four siblings. Okay...I have no deed to the land, just the will stating that. I have one brother who has been deemed incompetent and is in a nursing home. Do I need to get a quit claim deed from all three? If so, how do I deal with the brother in the nursing home? I need the deed to use the land as collateral for a loan. The other two sibs have indicated that they will sign whatever it takes to put the land in my name. This land is beside my own, stands empty. I have been paying taxes on it for two years.


Asked on 6/12/11, 8:45 am

1 Answer from Attorneys
Andrea Welker Welker Law Office

If your brother in the nursing home has someone who has been appointed as guardian, that person should be able to execute a quit claim deed giving you title to the property. Also, your parents' wills should have been probated and title to the land given to you and your siblings according to the wills. If that hasn't been done, it will need to be. You should speak with a local attorney who practices probate and real estate.

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Answered on 6/18/11, 2:12 pm


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