Legal Question in Wills and Trusts in Kentucky

I am from KY and wintering in FL at the moment. My step father passed away in December. I received a copy of his Will today wherein he leaves his home to one of his brothers, HOWEVER, #1 gives me the right to "live at the property for as long as he may wish, however, must pay for upkeep at the property and pay the property taxes" and #2 After I die or move from the property, it then passes to his brother for ownership". My uncle wants me to sign a quit claim deed to transfer my interest to him for $1. He states that I "moved from the property long ago and have no interest in the estate". This is not true, I would like to retain the property to reside in, at least in summer and would maintain and pay taxes. I fail to see how I could have moved from the property long when my step father just passed away 2 mos. ago. I haven't even had the chance to move into the property yet. I know there will be a big fight with my step father's family. Can they twist the Will to support their claims? And do I need an attorney. I honestly cannot afford to hire an attorney to fight this, but don't want to lose my interst in the property if they "out money" me. Thank you for any insight.


Asked on 1/25/11, 11:39 am

1 Answer from Attorneys
Kelli Brown English, Lucas, Priest & Owsley, LLP

You probably do need a Kentucky attorney - he or she will need to review the will and the actual deed. From your description, it appears you may have what is referred to as a "life estate." The ability to come and go as you please for your LIFE. From what you described (although your lawyer would have to review the documents to be sure), there does not appear to be any requirement of residency (some say, for example, "To X for life but he must live there for at least six months of the year").

You can have an attorney review this and give you an opinion letter to show your uncle if you want to. If you did want to quit claim your interest, you may want to talk to your attorney about negotiating a better deal. I'm not sure how old you are now, but it may be that your uncle would pay a lot more than $1 for the ability to have the land now.

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Answered on 1/27/11, 1:19 pm


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