Legal Question in Wills and Trusts in Kentucky

This question is regarding a last will and testament. if you have a will that has been presented and accepted by the courts as a last will and it has not been contested does the articles in the will mean what they say. for example if it says "in addition to other powers and authority granted by law or necessary or appropriate for proper administration, shall have the right and power to lease, sell, mortgage, or otherwise encumber any real or personal property that may be included in my estate, without order of the court and without notice to anyone." or "my executor shall have the right to administer my estate using "informal", "unsupervised", or "independent" probate or equivalent legislation designed to operate without unnecessary intervention of the probate court". and "if any bequest requires that the bequest be distributed between or among two or more beneficiaries, the specific items of property comprising the respective shares shall be determined by such beneficiaries if they can agree, and if not, by my executor." what exactly does these things mean.


Asked on 11/09/10, 4:34 pm

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

Most WIlls contain this type of form language. It allows the personal representative to be appointed, pay the bills, and distribute the assets. The part about the real estate is misleading but necessary as (generally), in Kentucky real property is only subject to probate administration if it is necesary to pay creditors. Again, this language is standard and allows the personal represenatives to complete his or her duties. Of couse, things

can become much more complex if there are issues (challenge to the Will, more creditors than assets, etc.).

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Answered on 11/15/10, 6:32 am


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