Legal Question in Wills and Trusts in Kentucky

Probate and Estate Laws

I am writing in regards to my Mom who passed away in 2002, she met this guy who she had been dating for almost 9 years. She had alot of money and antiques before meeting this man whom she never was married to, they bought a home together for cash. We have been trying to get our Moms things and our childhood things out of the home, which was jointly with survivorship in KY. Since it was jwros, are or should we be entitled to our things and Mothers things she had before she met this man? There is alot of money involved in this case, over million $ of antiques of our Moms she had collected for her children, we have nothing of hers at this time. Have went through a few lawyers so far, nothing had happened, just lots of paper work back and forth and he keeps appealing to stall this. Any help would be greatly appreciated. Thank you. Also, does it matter if you say you are married on a deed and are not? Could this be a fraudulent deed?


Asked on 3/02/05, 2:15 pm

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: Probate and Estate Laws

You do not have to bee married to hold property jointly with a right of survivorship. I cannot answer the rest of your question without more information. If your mother had a will, then the property will be disposed of under its terms and yes, a parent can leave their children out of a will, leaving them nothing. In that case, the contents of the house would also be disposed of by the will unless you can prove your ownership of particular items of personal property. If there is no will, then the house will go to the survivor according to the deed. The balance of the property will go to her heirs and spouse. If she was not married, (and I suspect that this is the case) then the balance of her property including furniture, bank accounts (except joint accounts, etc) and other personal property will go to her children. The difficulty here is proving ownership. You need to stick with your present counsel or obtain replacement counsel. You need one on one consultation and you are looking at a time-consuming and expensive situation depending upon how long the controversy lasts.

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Answered on 3/02/05, 3:54 pm


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