Legal Question in Wills and Trusts in Kentucky

Will Distribution to estate of deceased heir

My father died on 2 February 1984. His will called for the equal division of his estate equally between my sister, my brother and myself--share and share alike. This was all taken care of by our attorney in Kentucky. As a co-executor with my sister who has been deceased for several years, I am the executor. On at least 2 occasions, the State of Kentucky advertised ''Unclaimed Money'' belonging to my father's estate. I divided the money into 3 parts. One-third I sent to my brother and one-third I kept for myself. The other third I diveded equally my deseased sister's share equally among her 3 heirs. One has died and I don't know about another. Must I keep tracking down her heirs and their heirs? My father's will called for equal distribution among my sister, my brother and myself. No mention was made of our estates. I have been notified that there is another package of ''Unclaimed Money.''Would it not be all right for me to just divide this equally between my brother and me and forget my sister's heirs?

Thank you for your help.


Asked on 2/16/03, 3:51 pm

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

Re: Will Distribution to estate of deceased heir

Your sister's heirs are entitled to her share. You must continue to divide this property and this would include an estate of a deceased heir. Your fact situation does raise other questions. (1) After this period of time, what is the source of "unclaimed" funds or property. (2) If the estate was settled, your authority as Executor has terminated and the estate must be re-opened. You need to check on this with counsel.

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Answered on 2/17/03, 7:48 am


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