Legal Question in Wills and Trusts in Kentucky

What to do when one inhieritor doesn't agree with group consensus?

My great-grandmother passed on a month ago and she left her oldest living grandchild (my 2nd cousin) as the executor. She owned a home in KY, where she lived until placed in a nursing home last year. Grandma wanted her assests divided among the grandchildren (5 in all, including my mother). Her house, which needs several thousands of dollars of repair, has been appraised at $125, 000. Four of the five grandchildren have agreed to sell the house for $100K to my cousin (the eldest great-grandchild) because he could take care of the repairs. The problem is my aunt is wanting to try to get $150K (market value) and refuses to go along with the rest of the group. Another issue is the house is in an area of KY that is not doing well and purchases of houses are limited. The house could literally sit on the market for years causing the executor to pay taxes and repair costs. How can my cousin eliminate my aunt's holding out on this deal? Is there a way to ''shut her down?'' The bank refuses to move until all 5 inhieritors agree on the conditions! Is there something we can do to make the bank comply with the majority opinion? Thanks.


Asked on 6/12/03, 6:10 pm

1 Answer from Attorneys
Herb Southern The Southern Law Firm

Re: What to do when one inhieritor doesn't agree with group consensus?

What you do is schedule a hearing in front of the judge. You will be able to say why you think you are right and the other side will say why they think they are right. The judge will decide. It is not a case of might makes right nor is it a democracy. The judge rules on the facts as presented and that is that.

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Answered on 6/16/03, 11:27 am


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