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Ray, Lawyer
Category: Legal
Satisfied Customers: 42287
Experience:  30 years in civil, probate, real estate, elder law
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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: 2 years ago.
Category: Legal
Expert:  Ray replied 2 years 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 2 years ago.
yes there was a deed it is in the deed book
but my father had no will
Expert:  Ray replied 2 years 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.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 2 years ago.
Tony this is called intestate probate--no will..
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..
Thanks again.
Expert:  Ray replied 2 years ago.
If you can leave a positive rating it is always much appreciated.