Legal Question in Wills and Trusts in Kentucky

Missing Signed Will

A old friend of the family passed and I was named executor and the signed will and all papers that I need are gone. I was informed that a sibling has the signed will and insurance papers. the sibling has bolted and locked the home up tight where I cant get into the home to some bills. I do have some unpaid medical bills and other bills. I have been informed that the sibling is going home to TN. to try to get control of the estate. Now there are several medical bills totaling over 30,000.00.

Can they take the will to another state and have their way with the estate or are they bound by Kentucky Law to pay the debts owed in Kentucky? (Or should I just inform the other siblings of whats has transpired or walk away from this mess)


Asked on 7/23/08, 10:41 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Missing Signed Will

The sibling would have to do some fast talkin' to get the will probated in a state where the friend did not reside and where no real estate existed. You need to either inform the other siblings or go ahead to probate court. KRS 394.160 allows for a court to compel the production of a will.

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Answered on 7/25/08, 11:32 am


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