Unfiled will

[Masses]

State of ky. Hi it has been two and a half years since my mother died. I know she had a will. But it has never been filed and her husband (npt my father) has not showed me the will. There is a house involved that was completely in my mother's name. And now he's trying to sell us the same home. What should we do?

 

[Dandy Don]

What would be the estimated value of the home if sold? Is it paid for in full or is there still an outstanding mortgage due on it?

If you chose to, you could compel him to produce the will by opening up a probate procedure yourself at the courthouse. By rights, the husband is entitled to a certain portion of the value of the home, unless:

Who owns the home currently? If title to the home is held by joint tenancy ("John Doe and Jane Doe, as joint tenants"), then under the concept of right of survivorship, Jane Doe automatically owns the home when John dies.

You may want to consult with a local probate attorney to find out whether or not this would be something for you to pursue. It will be pursuing only if the property is not held in joint tenancy and if your mother has other assets in her estate.

 

[adjusterjack]

There is a house involved that was completely in my mother's name.

How do you know?

Have you obtained copies of her deed and any subsequent deeds from the county recorder of land office?

If not, then you don't "know" anything.

If it turns out that the house remained in her name after she was married then you have the option of opening probate under intestacy and asking the court to appoint you representative of the estate so you can probate her separate property.

You, her surviving spouse, and your siblings will all share in the inheritance of her separate property. Spouse gets half and you and any siblings share the rest.

If there is a will and it is more beneficial to the spouse then you action will compel the spouse to file the will with the court and probate her estate properly.

If it turns out that she changed the ownership to put her spouse on the deed as joint owner with right of survivorship then, yes, he owns it and can sell it to you or to complete strangers if he wants to.

So, the answer to "What should we do?" is first look up the deeds and get copies so you know where you stand.