What is the name of your state? Kentucky
My brother murdered my parents then, robbed them. I am administrator of the estate, which is nearing a partial distribution of assets. I plan on pulling my portion of the estate funds out, as I have the Probate Judge’s permission. The remaining portion (20-25K) will remain in a bank account earning interest till my brother goes to trial. My brother wants to confess and go on to prison.
As I understand Kentucky law, he will be presumed deceased if he is found guilty and his portion of the estate will go to his children. This is where things get hairy: My brother presumably, has 3 children, by 2 different women, outside of wedlock. As of yet we have not had any DNA test performed, which makes if difficult to perform my duties, as I am required by the Judge to get the children’s parents permission before selling most anything, as they may have a contingent interest. Also, the women are constantly complaining to their attorney that I have overspent on the funeral (funeral was in the average range (18K for two funerals and a monument for both)), or the auctioned items brought too little. Come on, Wal-Mart does not perform funerals and I have no control over how much people bid at an auction. A son murdering his parents is just not the thing to drive auction prices up.
Is there any way that my brother can retain a portion of his inheritance? Can his current debts be paid with his inheritance? He owes his creditors approximately 35K. Can I sue him in civil court for the death of my parents? The reason I ask is as follows: I believe the children’s parents are incapable of honestly maintaining the children’s trust if they were to get one.
Any suggestions would be appreciated.
My brother murdered my parents then, robbed them. I am administrator of the estate, which is nearing a partial distribution of assets. I plan on pulling my portion of the estate funds out, as I have the Probate Judge’s permission. The remaining portion (20-25K) will remain in a bank account earning interest till my brother goes to trial. My brother wants to confess and go on to prison.
As I understand Kentucky law, he will be presumed deceased if he is found guilty and his portion of the estate will go to his children. This is where things get hairy: My brother presumably, has 3 children, by 2 different women, outside of wedlock. As of yet we have not had any DNA test performed, which makes if difficult to perform my duties, as I am required by the Judge to get the children’s parents permission before selling most anything, as they may have a contingent interest. Also, the women are constantly complaining to their attorney that I have overspent on the funeral (funeral was in the average range (18K for two funerals and a monument for both)), or the auctioned items brought too little. Come on, Wal-Mart does not perform funerals and I have no control over how much people bid at an auction. A son murdering his parents is just not the thing to drive auction prices up.
Is there any way that my brother can retain a portion of his inheritance? Can his current debts be paid with his inheritance? He owes his creditors approximately 35K. Can I sue him in civil court for the death of my parents? The reason I ask is as follows: I believe the children’s parents are incapable of honestly maintaining the children’s trust if they were to get one.
Any suggestions would be appreciated.