Legal Question in Wills and Trusts in Kentucky
My husband received in the mail a copy of his aunt's will. This has been over 3 years ago. He was listed with 5 others as recipients. Because we do not live in the same town as the others listed, we now have found out that the will was finalized but my husband was not named as a recipient. How could this happen? Should he obtain an attorney to check into his rights?
1 Answer from Attorneys
I think what you're saying is that: Aunt died, and your husband was one of five beneficiaries to her estate, according to her will. The will was probated, and your husband did not receive any assets from the estate.
It all depends on what the will actually says, and what property the estate had to distribute once probated. Often times debts eat up an estate, and there is nothing left for the beneficiaries. Or it could be that assets were distributed, and the Executor/Executrix breached his/her duty and did not give your husband his share.
The best thing to do is first to go to the district court clerk and get a copy of the entire probate file. Then consult with a local attorney who practices probate law. Bring him/her the copy you made. You may have to pay a small fee. $75-$100 depending on what the attorney charges, or they may give you a free consultation.