Legal Question in Wills and Trusts in Kentucky

Sibling Inheritance

My brother pasted away without a will. He was married for less than one year. There is five of us left. His wife had left him three months before he passed away. The minute he died she had gone to the bank, then she came to his house. He was planning on filing for divorce but he had been so sick he had not had time to file. We are told that she gets half of everything even though she is not on any deeds. All of his siblings agree that we feel she should not get anything. We are told that his estate is frozen for six months. We are wondering after that time if we do not sign or agreed with selling anything (because we do not need his estate) can we tie up the estate forever or will the courts intervene and settle his estate?


Asked on 10/08/05, 6:30 am

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

Re: Sibling Inheritance

If your brother had no will, then one-half of his property goes to his wife. The other one-half goes to his children, if any. No children then to parents. No parents-then to brothers and sisters, etc. There is no way around this. In Kentucky, the title to real property passes at the moment of death, subject to the need of the estate to pay bills, etc. the estate can be settled. You do not say if there are any children of your brother. If there are, then you have nothing to say about the estate. If no children and your parents are deceased,then you, under the law of descent and distribution, are beneficiary of the estate and can demand an accounting. The estate is not frozen as such just no final distribution can be made until after 6 months. Creditors have six months to file a claim. You need to consult with an attorney who can give you a more accurate answer as you give him more facts. If everything is in order, then the Court can order the estate settled. It does not matter how you feel about your sister-in-law.

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Answered on 10/08/05, 9:11 pm


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