will someone read this??

[saundra007]

What is the name of your state? ky

Parents died, left my son the overseer of the estate. I am looking towards the worse here so none of this has actually happen..

Just say if i get the short end of the stick sorta speak, and both brothers agree with what i get, can or do i have any legal rights to renig on the deal???

I really need an answer on this .. thanks !

 

[Just Blue]

What is the name of your state? ky

Parents died, left my son the overseer of the estate. I am looking towards the worse here so none of this has actually happen..

Just say if i get the short end of the stick sorta speak, and both brothers agree with what i get, can or do i have any legal rights to renig on the deal???

I really need an answer on this .. thanks !

What the heck are you talking about?

 

[saundra007]

is this better

1.) My parents died.
2.) Left my son the overseer or administor of the estate, with no will.
3.) I have two brothers, one is ok, the other isnt ok, he lovesssssss to see and make trouble for all.
4.) If my son makes the decisions on who gets what, and I feel like I get short changed, do I have the legal right appeal his decision?
5.) Or if the two brothers agree everything is ok and divided correctly and I dont, what can I do about it??

I hope you can better understand this I am not an attorney.

 

[ladybg1]

If there was no will, the intestate laws for Ky will decide who gets how much. How was your son left as the administrator if there was no will?

 

[saundra007]

Mother and Dad had papers drawn up with an attorney that reads

If the wife dies first everything goes to her husband
If the husband dies first everything goes to the wife

In the event that both are dead then one of their grandchildren (named in the papers) will be over the estate

So my son, went to the attorney's office got a piece of paper that says we the children of the dead parents are letting him be over the estate. We signed it.

Does that makes sense lol..

 

[justalayman]

Yes that does make sense but realize that there are laws the govern the distribution of a persons estate when there is no will.

What state did your folks live in?

 

[saundra007]

Here is what my son said: Between the siblings everyone write down what they want.. I want the house and land it sits on, mom's car and her gun.

My question is....

1.) Now you know what i want, and the brothers say NO to that, what is my legal right on this? Can they say no or what??

2.) What if one of the brothers wants the house and the land it sits on? then what? we both cant have it?

3.) I need to know howi can rebuttle them?

oh my i hope you can understand where i am coming from? Thanks

 

[rmet4nzkx]

Here is what my son said: Between the siblings everyone write down what they want.. I want the house and land it sits on, mom's car and her gun.

My question is....

1.) Now you know what i want, and the brothers say NO to that, what is my legal right on this? Can they say no or what??

2.) What if one of the brothers wants the house and the land it sits on? then what? we both cant have it?

3.) I need to know howi can rebuttle them?

oh my i hope you can understand where i am coming from? Thanks

Yes we do see where you are comming from.
I think your son means what of her personal belongings do you want, not real property that could be sold and split unless the home has been your residence for many years or she owned many houses and property. Your disability may not be long term at this point and mom should have made provisions for you if she intended you to get an unfair amount of the estate.

 

[justalayman]

http://www.lrc.state.ky.us/KRS/391-00/CHAPTER.HTM

This is the link to the Kentucky intestate succession laws.

I didn't read it thouroughly but it seems to be more complete than many other states. Try reading through some of it to see if it will help.

 

[saundra007]

No I tried for many years to get them my parents to make awill, but they never did i dont know why..

There is plenty of land 150 acres+ another 7 acres + another 3 and then the house and it sits on 1 acre.

Nothing is owed on anything, and we already went wrote down some of the things we wanted personal items, and took some of what wwe wanted some small things we gave to them as gifts and such. So on that part we arent finished with the list he wanted us to make. which i did already give him my list and everything is on it but i havent we didnt get finished because he had to return back to work and he is due in this week to finish that and gt started on the property part.

But still my main concern is what i stated earlier. about how i can defend myself if i dont feel like i get what i want, and i get the short end of the stick sorta speak?? That right now is the most important question to me.

Mother and Dad always said verbaly what they wanted each person to have but never wrote it or made a will..

The reason i have this concern is I have one brother who will probably buck me on if i get the house, so there is where the problem lays at. My other brother would be fine with it. I felt like since i dont have my own place and i am sick now i need a house so i can have a place so my grand children can come and spend some time with me in the country having fun, i live currently in a one bedroom tiny apartment and they cant come and spent much time with me . no fun here if ya know what i mean.

I just dont know what to do if my brother bucks me on if i get the house?????? of course i want to talk to a live attorney but i am limited to how i can get around right now since my surgery, butshortly i dohope to talk to one.. i do however appreciate all your help, i just dont know how to react or have the backup to stand my ground if my one brother throws a fit lol..

Thanks

 

[justalayman]

You don't neccessarily get "what you want".

The estate has to be divided by the laws of Kentucky. (since you never did answer my question as to what state your folks lived in, so I will just guess it is Kentucky)

Basically you will get whatever % of the estate you are due. If you are due less in value than what the house is, you will need to try and buy the others interest in the property. If y'all can't agree on things, then everything will probably get sold and the cash will get divied up.

 

[saundra007]

Mr. Justalayman, Thanks you so much for your information. Iam sorry for not responding to where I am from, and yes, it is Kentucky. Sorry about that !

I see now where your coming from, I am on my way now to go and talk to an attorney.

I am sorry I have such a bother as the one I have. I found out today he has been driving mother's car instead of his (own )and it is still in Daddy's name and he passed on in March of 05.. I was going to go get it changed over to my brothers name and he protested. Saying Daddy said leave it in his name so I (meaning brother ) can get the insurancec on it. I take from that statement he cant get low rate insurance so the Van is still in Daddy's name.

I called the court house and reported Mother's death to the motor vechical department so she suppose to re-new her tags by the end of the month, Well looks like he wont be driving her car long lol.. I am not mean but he has done other things against the law when it has come to Mom and Dad since they been dead, and I have recorded everything and giving copies to my son.

So guess what Brother the Van is part of the Estate too. I sound so mean, but I not.. just cant stand him taking over like he is Them (meaning my Parents)