Legal Question in Wills and Trusts in Kentucky

Surprise will

Man builds house on mothers property, next door to her

house with mothers OK. Man lives in house 7 years.

Mother states she has no will. Mother spends last year

in nursing home where man pays all bills. Mother

states that mans daughter can have her house.

Daughter moves in. Mother dies and mans nephew

shows up with will written 9 years ago leaving 1/3 of all

property, personal items and any monies to nephew,

1/3 to neice and 1/3 to man. Nephew wants mans

daughter to move out of house and wants man to ''buy''

house that man built on property. Deed to property is

still in man's mothers name. What recourse does man

and mans daughter have?


Asked on 10/11/03, 1:50 am

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: Surprise will

The will controls if no newer will surfaces. (1) daughter has no recourse-the property goes as the will directs. (2)The real estate upon which the "man's" house is built also goes as the ewill directs. The house belongs to the "man"-now the problem is how to separate. I would think that the "man" would have to buy the real estate (less his 1/3 interest) upon which the house stands. Of course, he could always trade that for his interest in other parts of the property if everybody else agrees. The "man" may also have a claim against the estate for the expenses of his mother. You have little choice but to consult local counsel here. There is too much at stake and whoever is going to lead you through this is going to have to go over all of the information. There are also provisions that one joint owner can force the sale of the whole at public auction and then bid the whole thing in at the sale. The only advice that you can count on here is go consult local counsel.

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Answered on 10/11/03, 11:42 am


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