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MY NEPHEW IS CURRENTLY IN A HOSPICE RESIDENCY--NOT EXPECTED…

Customer Question
MY NEPHEW IS CURRENTLY...

MY NEPHEW IS CURRENTLY IN A HOSPICE RESIDENCY--NOT EXPECTED TO LIVE LONG--HIS ONLY SURVIVORS ARE HIS SISTER AND MOTHER--SOME OF HIS PROPERTY HE HAS FIXED FOR HIS SISTER YO INHERIT--HE TOLD ME YESTERDAY THAT HIS CHECKING ACCOUNT, SAVINGS ACCOUNT AND A RETIREMENT ACCOUNT DORS NOT HAVE ANYONE NAMED ON THEM, ALONG WITH 1 CAR. WILL THESE ASSETS AUTOMATICALLY GO TO HIS SISTER AND MOTHER, OR DOES HE NEED TO HAVE A LAWYER DRAW UP MORE PAPERS?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

KY

Lawyer's Assistant: What documents or supporting evidence do you have?

I HAVE NOT SEEN THEM, BUT EARLIER, AFTER HIS DAD DIED, HE HAD THE FIRST FIXED, BY A LAWYER, BUT SINCE THEN, THE LAWYER HAS MOVED FROM THE AREA. HE BOUGHT A CAR AFTER THAT, AND I GUESS DID NOT THINK ABOUT THE BANK ACC'TS DO UNDERSTAND THAT I JUST WANT THEM TO BE ABLE TO GET THIS IN THE END--HIS MOM HAS DEMENTIA AND THE DAUGHTER HAS HER HANDS MORE THAN FULL. JUST TRYING TO HELP.- AND HE BROUGHT THUS UP TO ME WHEN I WAS ALONE IN THE ROOM WITH HIM.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

NOT THAT I CAN THINK OF.

Submitted: 5 months ago.Category: Estate Law
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Answered in 5 minutes by:
1/5/2018
Estate Lawyer: LegalGems, Attorney replied 5 months ago
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,329
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Estate Lawyer: LegalGems, Attorney replied 5 months ago

I am terribly sorry to hear this.

If a person passes without a will, and there is no beneficiary named on an account/property, then if that person has no spouse or children/descendants, the parents will inherit 100% of the estate.

The sibling would only inherit if the parent passed first.

As such if the individual wishes the sibling to inherit they would need to have a will to that effect or to name the individual as a pay on death beneficiary to the account.

Please see:

http://kyjustice.org/node/594

Statute re: will formation:

394.040 Requisites of a valid will. No will is valid unless it is in writing with the name of the testator subscribed thereto by himself, or by some other person in his presence and by his direction. If the will is not wholly written by the testator, the subscription shall be made or the will acknowledged by him in the presence of at least two (2) credible witnesses, who shall subscribe the will with their names in the presence of the testator, and in the presence of each other.

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Customer reply replied 5 months ago
It said $5--when it came up $55--I tried to get off--it would not let me--please refund my credit card--your process is not plain enough--I will ask my lawyer or banker here.
Customer reply replied 5 months ago
you do not have a cancel earlier when it said $55--I had already typed the above before your answer showed--please refund my $55.00--As I said before, your charges are misleading. I would never have asked the question at that price.
Estate Lawyer: LegalGems, Attorney replied 5 months ago

You are welcome.

I don't have access to your account as I am an individual contributor but customer service can help

ww2.justanswer.com/help

Thank you!

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