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My grandparents lived in Kentucky. My grandfather made deeds

My grandparents lived in Kentucky...
My grandparents lived in Kentucky. My grandfather made deeds to my aunt for all the land eventhough my grandmother died first. She had no will. Can the deeds be declared illegal since my grandfather was entitled to only 50% of the land?
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Answered in 14 minutes by:
3/27/2013
Jack R.
Jack R., Attorney
Category: Estate Law
Satisfied Customers: 6,147
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You will first need to see how the property was deeded while your grandmother was alive. Many deeds had property titled in the name of husband and wife as joint tenants with a right of survivorship, or joint tenancy by the entireties. Both forms of ownership allow the surviving owner to become the sole owner of the property at death of a spouse.. The deed may have been solely in your grandfather's name. If so he is free to do whatever he wanted with the property. In these three cases you have no recourse your grandfather had a 100% ownership of the property at grandmother's death.

 

Assuming this was not the case and the property was held as joint tenants in common, you will probably need to go through probate to get the land transferred properly into your names. This will also probably require an action to "quiet title" to get the current deeds invalidated.

 

If you found this answer useful please press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

 

 

Jack R.
Jack R., Attorney
Category: Estate Law
Satisfied Customers: 6,147
Experience: Part of the 'Save the Dream
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Customer reply replied 4 years ago

If joint tenant in common is there a statute of limitations in Kentucky to go through probate?

Yes there is I believe it is 3 years.

 

If you found this answer useful please press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

 

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