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  1. #1
    kaitmanda is offline Junior Member
    Join Date
    Feb 2005
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    20

    Help! Question about estate/probate with a lawsuit pending...

    What is the name of your state? Ky

    This may get long, but I want to include all the details to hopefully get some help!!

    Ok.. in Oct of 2003, my grandmother was in a car accident. The other guy that was involved, claimed his was permanately injured and began a law suit. The insurance company offered $30,000, he refused it, etc.. etc. She passed away on May 8, 2004. This left her mentally handicapped son to whom my mother (her daughter) was to care for. She went to probate court, and they said they couldn't put the estate 100% in his name (as her will requested) because of this pending law suit, so they did it 50/50 (50% in my uncle's name/50% still in my grandmother's name). Last Wednesday, my uncle passed away, which now leaves just my mother. I called the insurance companies' lawyer to see if my mother would be able to sell the house, and he actually said he wasn't sure.

    I guess here's the bottom line question, with a law suit like this, can my mother go to probate court, get the estate in her name and sell it? Or will she have to wait until this whole case is settled? No one can seem to answer this question. The insurance adjuster that I talked to said that they thought the most the guy would get would be there maximum payment for the plan which is $100,000. Also, since the house was only 50 % in my grandmother's name, if by some chance, the guy is awarded more than the insurance company is willing to pay, will he only get 50% of the home's price??

    I know this is long and complicated, but any advise would be greatly appreciated!!

    Stephanie
  2. #2
    Dandy Don is offline Senior Member
    Join Date
    Apr 2002
    Posts
    9,495
    The probating of the house and the insurance settlement are 2 separate matters.

    Yes, your mother can hire a lawyer to get the home probated and have the sale money put into an account for temporary holding until the insurance settlement is decided, and then the money can be distributed.

    It could be very likely that the settlement will not exceed $100,000, in which case the home sale money would not be needed and could therefore be divided amongst the heirs.

    DANDY DON IN OKLAHOMA (tiekh@yahoo.com)
  3. #3
    seniorjudge Guest
    Q: I guess here's the bottom line question, with a law suit like this, can my mother go to probate court, get the estate in her name and sell it? Or will she have to wait until this whole case is settled? No one can seem to answer this question.

    A: The probate court wants to preserve the assets of the estate. If that means selling the house, then the court will do that. It's better sold than just sitting there. The court may require that the money from the house sale be kept in its registry (i.e., the court's bank account) or perhaps in escrow, pending the final disposition of the lawsuit.

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