Legal Question in Wills and Trusts in Kentucky

My grandfather went missing in 2004, and in about 1 week he will be declared dead. He had three children; my mother, my aunt, and my uncle. My mother past away about 7 months ago with some legal debt to a local lawyer. He help her on the contigency that he would get a portion of her inheridance. My two questions are as follows. Are my siste and I entitled to recieve her portion of the inheritance? Are we responcible for the debts to the Lawyer?


Asked on 8/12/11, 12:01 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

This is probably something that needs to be researched in depth, because of the unusual nature of your grandfather's "death," and you should pay a local attorney for a proper consultation on this issue. The question here is whether your mother predeceased your grandfather. I believe she has, but I can't say for certain without researching the issue.

However, if it works that your mother predeceased your grandfather, then she cannot inherit from him. Therefore, her portion of your grandfather's estate does not go to her estate and the attorney cannot take a portion of your grandfather's estate. As for whether you and your sister will receive a portion of the estate and what that portion consists of, depends on whether your grandfather left a will, and what that will says, or if he "died" intestate.

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Answered on 8/15/11, 5:35 pm


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