Legal Question in Wills and Trusts in Kentucky

My aunt who lives in Ohio has power of attorney over my deceased fathers estate. My brother inherited $5000 from my fathers life insurance policy. However my aunt took steps to stop my brother from collecting. When that didn't work, she has threatened to sue myself, my brother, and my mother for the $5000 plus costs of burial. (All 3 of us live in KY) We took no part in my fathers life since sometime around 1982. My aunt made all decisions regarding his burial. My father abandoned us and only when I turned 15 started paying child support. During that court appearance my father was ordered to get a divorce from my mother. However she never saw papers on the matter so we think she may have been married all this time. My father also took another wife, so if he didn't divorce he would have committed bigamy. There are liens on his vehicle and semi truck that my aunt is stuck with because she's power of attorney. His second wife has disappeared and so has the trucks.

What are the odds that my mother would be stuck with the bills if she is his legal wife? My aunt is threatening to sue us. I don't think she can get away with it, but I want to make sure. Thanks.


Asked on 11/08/10, 2:50 pm

1 Answer from Attorneys
Thomas McAdam Thomas A. McAdam, III, Attorney

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented:

Your aunt's power of attorney expired at the time of your father's death, and has no legal effect now. You should immediately contact a Kentucky attorney, licensed to practice in Anderson County, to review this matter. You need to act quickly, to protect your rights.

You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

Thomas A. McAdam, III

Attorney at Law

234 South Fifth Street

Louisville, Kentucky 40202

(502) 584-7255

[email protected]

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Answered on 11/13/10, 4:04 pm


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