Legal Question in Wills and Trusts in Kentucky
Father's Will
My mom died in 94 leaving all to my dad (no will) after she died he put everything (home, bank accounts, ins ) in my name (I am their only child. He died in 07 and there was one thing he did not put my name on (however it is on the tax bill....but not the deed) 2 lots in Kentucky. He left a do it yourself will (which I didn't probate, because everything was in my name. But now what do I need to do with the lots there in another state (we are in IL) My husband and I would like to either sell those lots or build a small place there. thank you for helping.
2 Answers from Attorneys
Re: Father's Will
The first question is whether the will is valid. Many DIY wills are not, for one reason or another. If it is not, then your problem is a fairly simple one--you simply need to clear title to a piece of land that you have inherited through intestacy.I am assuming you were the only child of your parents If that is so, and you have inherited the land, a local attorney should be able to help you file the appropriate documents at the courhouse. Or you can simply offer the property for sale and let the title work get cleared up before closing.
If the will is valid, there is a procedure for getting the will through probate in a hurry, and with a minimum of expense.
But the first step is to have an attorney check the will to see if it's valid.
Re: Father's Will
The key to cases like this is to avoid probate. Vacant lots have limited value and the expense of a full probate may not be worth it.
Typically, real estate needs to be probated in the state where the real estate is located. However, I have often been able to re-title real estate in the beneficiary's name while avoiding probate in these situations.
If you would like to have a free chat to see if I can help you, feel free to give me a call. My phone number is on my website, www.legacylaws.com.
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