My husbandâ
Full Question:
My husband’s father and mother has passed away and they did not have a will. They had 6 children. One of the children (a daughter) moved in the house. She has lived there for 4 months and will not pay rent. The other children are trying to make her move out they give her 30 days to get out. The girl’s father deeded his heirs part to his infant grandchild. Does she have to pay rent or can the other children still make her get out?
05/16/2007 |
Category: Wills and Estates |
State: Kentucky |
#5001
Answer:
In Kentucky, as in most states, a surviving spouse is generally first in line to get any assets from the intestate estate (where there is no will). A surviving spouse's interest in property of a deceased spouse is covered under Kentucky's rules for "dower" and "curtesy" (found in Kentucky Revised Statutes Section 392.020). Generally, this means that the spouse is entitled one-half of the estate.
Any part of the intestate estate not passing to the surviving spouse as indicated above, passes as follows to:1. Decedent's children and their descendants.
2. Decedent's parent or parents equally.
3. Decedent's brothers and sisters and their descendants.
4. Decedent's surviving spouse. If the estate of the decedent is sufficiently small as defined by §395.455 of the Kentucky statutes, the personal representative of the decedent may receive, by order of the court, the assets of the estate without proceeding to a formal opening of an estate.
In any event, it sounds like the family needs to petition the district court to appoint a personal representative of the estate and oversee distribution of the assets.