Legal Question in Wills and Trusts in Kentucky

Mom passed away

I am a 52 year old male whose mother recently passed away. she is survived by myself and another son 7 years my junior.

The oldest child passed away last year. Mothers assets include 4 pieces of real estate which should total around $500,000.00.

My younger brother was named executor of the will. I was told by my brother last week that I had NO say in any of the funeral arrangements (we have not gotten along for several years). This worries me! Moms atterney told me that one of the pieces of property is to be sold and the proceeds split between me and my deceased brothers 3 children.

Question:

1)Is there a time limit (State of Kentucky)on an executor to inititiate probate?

2)What is to keep the executor from putting the property to be sold and divided up for sale BUT protracting the sale for many months (by the way, he has been living in this house with my mom for over one year).

3)Should I get an attorney?


Asked on 2/17/04, 1:21 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Mom passed away

Have you seen a copy of the will? A will must be probated within ten years of death in Kentucky. There is no time limit on when a probate can be initiated within that time limit. You should consult an attorney. What some folks do in a case similar to yours is to start an intestate (no will) estate, have an Administrator appointed who will then have authority to find the will. I have not seen the will and cannot offer any comment. Your mother does not have to leave you or anybody else anything. Seek the advice of local counsel.

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Answered on 2/17/04, 10:38 pm


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