Legal Question in Wills and Trusts in Kentucky

Re: Estate

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:

1. Assuming your mother left the real estate to you and your siblings in her will, who was named in the will as Executor?

2. Was your mother's will ever filed in Probate Court?

3. What were the exact terms of your mother's will (did she leave you the property outright, or subject to certain restrictions)?

Basically speaking, if you are named as ah heir to an estate, you have the right to inquire as to the status of the probate estate in court. If no probate action has been filed, you have the authority (called "standing") to file a probate action yourself, asking the court to enforce the terms of your mother's will.

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 with experience in estate and probate law. 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!

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