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  1. #1
    Join Date
    Feb 2010
    Posts
    1

    Default Descent of Inherited Real Estate when Heir Left No Will

    My question involves estate proceedings in the state of Kentucky.

    I am the executor of an estate, one of whose assets is an interest in land in Kentucky. I am trying to identify all of other heirs and determine their interest. There were 6 original heirs. 4 were siblings of the decedent, and 2 were her nephews.

    One heir died intestate in 1930. He had a wife and 2 children. Under Kentucky law at the time his interest went to his 2 sons in equal parts. None to his wife.

    A second heir died intestate in November, 1976. He was married, and his wife survived him, but he had no children.

    As I read The Kentucky Code Section, 391.010 Descent of real estate, his interest goes in equal parts to his siblings, or their heirs, per stirpes.

    I have been told that the law changed in 1956, and 1/2 of his interest goes to his wife, and the other 1/2 goes in equal parts to his siblings or their survivors, per stirpes.

    What is the disposition of this 1/6th interest?

    Thanks for your help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Descent of Inherited Real Estate when Heir Left No Will

    Sorry, but researching the state of the law going back 80 years is something you really should be hiring a probate lawyer to do for you.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Descent of Inherited Real Estate when Heir Left No Will

    You can not legally rely upon anything anyone tells you here. You would fail in your duties as executor and would be personally liable if you did so.

    You need a probate attorney and you can pay the attorney out of the estate. If the property is the only asset, you should ask the attorney if it can be sold and the proceeds used to pay costs with the surplus distributed to any heirs. The attorney can also tell you to what extremes you can to go to, in order to identify and contact the alleged heirs.

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