Legal Question in Wills and Trusts in Kentucky

death w/o a will and begining probate process

My father died without a will. I am the only biological child. He lived in a rental home with one of my step-brothers and has 2 large item assets, a truck and motorcycle which are paid in full. Being that I must be responsible for making sure all debts are paid for my dad, am I within my right to remove these large valued items from the property to 'protect' these items from being lost, stolen... or just dragged off since someone feels they are 'owed' these items until his estate is fully put thru probate.


Asked on 3/24/07, 11:55 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: death w/o a will and begining probate process

Assuming the title to the items is clear and they only belonged to your father AND assuming there is was no living wife at his death, then you can take the property UNLESS to do so you would be trespassing. I am sure that did not help much at all, but the truth is, it can become quiet complicated and you may need to get an order from the court to secure these items legally.

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Answered on 3/26/07, 9:47 pm


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