Legal Question in Wills and Trusts in Kentucky
My husband & I have a survivorship deed with my mother for the home we currenly live in (have lived there with her since the deed was drawn up in 2000). She recently passed away. She did not have a will and the only other asset that she had was a life insurance policy which all went to funeral costs (nothing left over). I have 2 brothers and 2 sisters, do I need to file anything with probate court, or will the survivorship deed protect my interest in my home?
1 Answer from Attorneys
If the three of you help title to the property with a deed that granted joint survivorship then you do not need to file anything with the probate court in order to secure your interest in the property. At the time of her death, by operation of law, your husband and your own interest in the property "swelled" giving you two, as the remaining survivors, title to the property held in joint survivorship. These interests pass outside of probate and do not pass by will or through the intestacy statute (which is what you are thinking about when you reference your brothers and sisters). I hope that fully answers your question.
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