My great grandfather owned land down in Kentucky when he was alive. According to my grandmother and aunt he had an estate. its was my grandfather's Grandfather, and my grandpa pasted away so it goes to his children and my mother pasted away so it would go to her children me and my brother. their are also other heir's to this property. The other day I get a call from my grandma saying that some people are living on the property and that I should do something about the property before we lose it. So my question is this...
What should I do? Where do I start? Who do I contact?
I am a college student and can't afford an attorney but being that it is an estate I was thinking their should be an attorney for the estate. Not really sure what to do need some help.
like I said it is in Kentucky
2007-01-01 17:04:19 · 9 answers · asked by Mrs. Edwards 2 in Politics & Government ➔ Law & Ethics
the old county court house burned down will they still have copies on file?
2007-01-01 20:35:24 · update #1
The first question I have is this: do you know if there is a will? If you know great-grand's name, look through the deeds and records office of the county in which most of his land was located (likely where this property was) and look for the order admitting the will to probate (meaning an order granting the will).
Let's say you cannot locate or determine whether there is a will. Someone may have opened an "administration" of his property (done when there is no will or one cannot be located). Same search.
You have a major problem if there is no will--many persons who are in great-grand's line of descendancy may be entitled to ownership in the property and worse, cannot only be divided by agreement of all heirs or through a cumbersome, expensive process known as a "partition."
The old axiom "you get what you pay for" is true here. If you think it is worth pursuing (i.e. land has value in excess of $75,000), you really need a Ky attorney. Good luck!
2007-01-01 18:32:43 · answer #1 · answered by AJGLaw 3 · 1⤊ 0⤋
Find out the county the property is in. Call the Clerk and Recorder in that county and ask how to get a record of ownership. Does your grandma know the estate attorney? You may need to sell the property and get an attorney to help you now, with the understanding that you will pay after the sale. Get the deed on the property. Find out whose name is on the deed by finding who is billed for the property taxes, which may be the state assessor. I don't know who's who is KY government.
Just some suggestions...
2007-01-01 17:13:44 · answer #2 · answered by Susan M 7 · 1⤊ 0⤋
Doesn't really matter where the property is located: Kentucky, Texas, New Hampshire, Oregon, etc. Was the Deed of Record legally transferred from your great grandfather to your grandfather, equally to his children, and any issue of their children?
Contact the Recorder of Deeds in the Kentucky county where the property is located to determine who the property is deeded to. If it is deeded to a member of your family, ask the Recorder of Deeds what legal action you need to pursue in order to remove someone who may be illegally living on this property.
As there are other members of your family who may be heirs to this property, perhaps everyone can contribute to fees required for hiring an attorney.
2007-01-01 17:32:03 · answer #3 · answered by Baby Poots 6 · 1⤊ 0⤋
Call the police and tell them people are trespassing on your property. If you own the land then you can get an attorney. Many estate attorneys work on contingency and the get paid from the money you get after all the property is sold.
Go to naela.org for a referral.
2007-01-02 08:44:02 · answer #4 · answered by Anonymous · 1⤊ 0⤋
First of all, who has the deed to the property? Was the property ever sold by your great great grandfather or anyone there after? If no one 'sold it' then you need to obtain a copy of the deed and you may need to obtain proof of kinship. Your grandmother should be able to help you out in that department...you may need to obtain birth certificates...to show relation. This is all important information that you will need to obtain before you get a lawyer. If everything is in order, then I would seek to obtain the services of a Kentucky estate lawyer. Good luck!
2007-01-01 17:11:54 · answer #5 · answered by What, what, what?? 6 · 1⤊ 0⤋
Approach an attorney and 'cut a deal',so that he/she will receive more than a usual fee for winning anything from the estate.The attorney will not take on a case unless there is a good chance of winning.Of course,it's a no-fee situation if the attorney loses.
2007-01-01 17:10:37 · answer #6 · answered by nicko 2 · 1⤊ 0⤋
CALL THE COUNTY COURT HOUSE. AND THEN CALL YOUR GRANDMA BACK TO SEE WHO/AND IF , IS THE EXECUTOR OF THE ESTATE IF HE HAD A LIVING WILL. IF HE DIDN'T HAVE A LIVING WILL THEN YOU MAY BE SCREWED OUT OF THE LAND DUE TO AN ESTATE IS SOLD IF THE PERSON WHO PASSES HAS UNPAID BILLS THAT ARE STILL OWED. SO DO YOURSELF A FAVOR AND GET RIGHT ON THIS ASAP.
2007-01-01 17:10:29 · answer #7 · answered by HADITDUN 5 · 1⤊ 0⤋
Do you have a copy of the Deed? You'd need that first.
Secondly, I'm not sure what the laws are in KY but check with your local authorities...I know in certain states squaters have rights...but in other states you have full rights (if you own the property) and you can have them evicted.
2007-01-01 17:06:47 · answer #8 · answered by mailjunkie123 3 · 1⤊ 0⤋
all your brother needed to do became pay $2 hundred to the Probate courtroom. he will walk out with "Letter of private representative" it somewhat is acceptable at any identify employer. He can sell the homestead. As an inheritor you get a million/3 of the proceeds. you are the a million/3 proprietor. you isn't waiting to get a private loan against your proportion of the homestead. you will desire to offer to sell your proportion to the two brother for $20,000 immediately. that would desire to be legal.
2016-10-19 08:33:06 · answer #9 · answered by ? 4 · 0⤊ 0⤋