Legal Question in Wills and Trusts in Kentucky

last will and testmant

what can you do if you know a deceased person that you cared for left you property in their will and the only child never advised you what was in the will and sold the property. Her mother died and left the property in her will in agreement that I care for them during their time of illness I have heard that before her father passed away she had his will changed but I know her mother's will was never changed before her death. What is the time limit on this matter and what can be done.


Asked on 3/05/07, 1:19 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: last will and testmant

This is actually a more complicated situation than it appears on the face of your question. You have more than one possible cause of action from what you describe.

First, the will. It is hard to say exactly what you were entitled to in each will. If the mother's will left everything to the father and then the father changed his will, then you may not be entitled to anything under that will. If the change of the father's will was a result of undue influence, then you can challenge the validity of that will.

KRS 394.240 provides a 2 year statute of limitations for bringing an action where you are injured by the admitting or rejecting of a particular will. Statute's of limitation can be tricky so it is best to sit down with a lawyer to see how it fits with the details of your situation.

However, your situation also indicates there was a contract between yourself and the mother for you to care for them and, in exchange, you would get certain assets or property. The changing of the father's will could be a breach of that contract. The statute of limitation for a contract not in writing is 5 years under KRS 413.120 and KRS 413.090 gives a 15 year statute of limitation on written contracts. I must warn you, though, that exactly which statute applies to your specific situation would require the assistance of an attorney in a face to face interview where all the details are set forth.

Read more
Answered on 3/06/07, 9:14 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Kentucky