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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6846
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Is there a statue of limitation in opening and estate new

Customer Question

Is there a statue of limitation in KY for re opening and estate for a new asset or an unsettled portion of the estate?
JA: Real Estate issues can be tricky and expensive. The Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?
Customer: Kentucky
JA: Have you consulted a lawyer yet?
Customer: No
JA: Please give me a bit more information, so we can help you best.
Customer: My mother's will gives the executor power to sell the property and divide how they she sees fit. But a mortgage was still owed on the property and it was sold to a family member to pay the mortgage. The family member paid the mortage off which was 20 yr mortgage but never got a deed. The executor is willing to sign over the property as promised but the estate was closed 25 yrs ago. How can executor make the deed if estate has been closed for so long? Is there a statue of limitation in Kentucky on this?
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Customer: Nope
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Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 6 months ago.

There is no specific time limitation on opening or reopening an estate. The probate court technically still has jurisdiction over the property and personal jurisdiction over the former personal representative or executor. A petition to the probate court to reopen the estate for the limited purpose of authorizing the executor to execute the necessary deed will suffice to complete the chain of title to the current owner.

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