How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ray Your Own Question
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 38927
Experience:  30 years in civil, probate, real estate, elder law
8534270
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

My aunt sold my father a piece of land in she got when her

Customer Question

my aunt sold my father a piece of land in ky she got when her husband died in the war in 1945. my father bought the land in 1948. both my father and my aunt have since passed away. my question is the transaction with my father legal since my uncle had no will. and my aunt received the land through what is called a dower. the transaction is recorded in a deed book
thank you
tony Goshen, ky
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Can you tell me was there a deed from aunt to father, also has there been probate of fathers estate here in Kentucky?Thanks.
Customer: replied 1 year ago.
yes there was a deed it is in the deed book
but my father had no will
Expert:  Ray replied 1 year ago.
So here you would need to open probate for your title.You make application for probate in the county where he deceased.The land is part of the estate.Once you are appointed by the court as personal representative you are given letters of administration.
The probate lawyer prepares a fiduciary deed from you as the PR to yourself as sole heir or you can sell the lot and proceeds then pass to you.This is your remedy.You will need a local lawyer to file for probate and get you title from the estate.Father has title but now it needs to pass through probate to you here.
He would have had legal title based on the deed that was filed.
You can locate probate lawyer here.
http://www.avvo.com/probate-lawyer/ky.html
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 1 year ago.
Tony this is called intestate probate--no will..
http://www.nolo.com/legal-encyclopedia/intestate-succession-kentucky.html
This sets out the process and law of Kentucky the probate courts follow.
Here is the fiduciary deed you receive during probate to give you legal title.Likely it is from you as grantor , administrator to yourself as grantee..
http://www.uslegalforms.com/ky/KY-SDEED-6.htm
Thanks again.
Expert:  Ray replied 1 year ago.
If you can leave a positive rating it is always much appreciated.