Legal Question in Wills and Trusts in Kentucky

Probate and Estates

Mother-in-law and Father-in-law owned property together in boths name. Mother-in-law had a will leaving her kids her part of the land when she passed, but her will was lost and never went to probate. Father-in-law wanted the childern to sign their portion back to him. Few of the childern did. He is now deceased. One brother is saying his father left him a ''living deed'' of his portion. No will has surfaced, how will the property be divided? Will that one son acquire 75% and the rest 25% to be divided among them?


Asked on 1/06/07, 1:36 am

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: Probate and Estates

In Kentucky, I do not know of such a thing as a "living deed". However, to go back to the beginning, there are a lot of facts not here. But (1) if your in-laws owned the property in survivorship, then the title went to the survivor of them regardless of what any will would say; (2) If the father-in-law left his interest to the brother, then he had to do it by some sort of document-make him produce it. This is not secret stuff. If has no deed or will then the brother shares with everyone else. (3) if the title was held by your mother and father-in-lw without survivorship, then her one-half would be divided as follows - 1/2 of 1/2 to the father-in-law and 1/2 of 1/2 to the children. You also have 10 years to probate a will, so that could change things. This is all based on KY law. You probably need to speak to a local attorney that can ask you all of these questions. What I have given you are VERY general legal principles.

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Answered on 1/06/07, 6:32 am


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