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?
1 Answer from Attorneys
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.