Legal Question in Wills and Trusts in Kentucky

My son died in March, 2010. He wasn't married but lived with his significant other (the mother of his child) and daughter. He had no assets, life insurance or a will and because I'm his mother, I became responsible for his burial and finalizing any of his debts, etc. My granddaughter is now receiving his SSI benefits, which I am totally acceptable with.

My question is: Who is "legally" entitled to get all of my son's personal belongings? I'm talking washer/dryer, clothing, furniture, sports equipment, TV's etc? He has a brother and sister that would like some of his personal belongings to remember him by and his significant other does not agree. We do not want to take furniture or anything like that, but his clothing my older son can use and there were some things that their father who is also deceased left my son that they too would like to get back. Can you please help shed some light on this subject and let me know what is the right way to proceed with this?


Asked on 9/14/10, 8:39 am

1 Answer from Attorneys
Andrea Welker Welker Law Office

Under Kentucky law, because your son died intestate (without a will), his property passes to his issue: his only child, a daughter. Since she is a minor, then the property would be in the control of her guardian, her mother, your son's partner.

I would suggest offering to purchase the belongings from the mother, to show respect that these items belong to her daughter, and really aren't hers to just give away. Also, if you're willing to buy the items, it's less likely she'll view it as a "grab-bag" that the family just wants to take everything that was his away from her. She is likely still in mourning, just as you are, and she might not be able to part with those items just yet. Let her know that when she is ready to let go, at least of the items she and their daughter don't want to keep themselves, that you'll be ready with the checkbook.

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Answered on 9/19/10, 2:07 pm


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