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inheritance laws

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seal

Junior Member
What is the name of your state? Ky.
I don't think I did a very good job of explaining the situation so I'll see if I can word it differently.
The mother & father of this family had 5 sons & 2 daughters. They deeded one of the sons 5 acres and a house as his inheritance and later the son died so that property went to his wife and 2 daughters.
Later another son was deeded 16 acres after the death of one of the parents, then after the death of the other parent was willed the other 4 acres and a house.
Now the son who had the 20 acres and house has died also, leaving no will.
Will the daughters of the first son be included in this estate ? There are other brothers and sisters living. ( I know Ky. law says neices and nephews of deceased siblings are included but since the first son's family already have their share of the estate, will they also have a part in the rest of this estate ? )
 
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S

seniorjudge

Guest
"...Then the son with the 16 acres , the 4 acres & house died...."

Start right there.

Who were the heirs at that point?

Was there a will?
 

seal

Junior Member
There was no will left by the last brother to die. ( the one who had been deeded the 16 acres, then the 4 acres & house )
 
S

seniorjudge

Guest
"...Then the son with the 16 acres , the 4 acres & house died...."

Start right there.

Who were the heirs at that point?
 

seal

Junior Member
edited question on inheritance.

seniorjudge, Could you read my edited question on inheritance laws ? Hopefully I explained the situation a little better .
Thanks,
seal
 
S

seniorjudge

Guest
Okay, you are asking about intestate (without a will) succession:

http://www.finance.cch.com/pops/c50s10d190_KY.asp

Kentucky Intestate Succession Laws

If any part of a Kentucky decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner, with any descendants in a class taking per stirpes the share of their respective deceased parents:

1. Surviving spouse. In most states, a surviving spouse is generally first in line to get any assets from the intestate estate. The same sort of applies in Kentucky, except that the share a surviving spouse can look forward to is miserly (to put it mildly). If you are married, you definitely don't want to go through life without a will or other means to automatically transfer assets should one of you die.

In Kentucky, a surviving spouse is entitled to the first $7,500 of decedent's personal property or money (on hand or in a bank account). (This amount is also available to decedent's children if there is no surviving spouse.) The surviving spouse can petition the probate court to withdraw $1,000 of this amount early. Other than that, a surviving spouse has to wait in line to get anything as indicated below.

2. Distribution order generally. 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.
5. One-half to decedent's maternal relatives and one-half to decedent's paternal relatives, descending in the following order:
1. Decedent's grandparent or grandparents equally.
2. Decedent's aunts and uncles and their descendants.
3. Decedent's great-grandparent or great-grandparents equally.
4. Siblings of decedent's grandparents and their descendants.
5. Decedent's nearest lineal ancestor and their descendants.
6. If there are no relatives on one side of decedent's family, the whole goes to the relatives on the other side.
7. As a next to last resort, decedent's estate will go to a predeceased spouse's family and get distribute according to the intestate succession rules above.

3. State of Kentucky. If there is no taker under any of the above provisions, the intestate estate will go (escheats) to the state of Kentucky.

Kentucky Intestate Succession Law Fun Facts
* A child of decedent, born within 10 months after the decedent's death, is still eligible to inherit from the decedent. For intestate succession purposes, the child is considered to have been alive at the time of the decedent's death.
* Collateral relatives of the half-blood inherit only half as much as relatives of the whole-blood.
* Neglectful parents get neglected! Officially known as Mandy Jo's Law, a Kentucky law prevents a parent who willfully abandoned the care and maintenance of their child from inheriting the child's estate by default or from administering the estate. Abandonment includes failure to pay court ordered child support. The neglectful parent is treated as if he or she had predeceased the child, making them ineligible to inherit via intestate succession. However, a neglectful parent may reestablish their eligibility to inherit if at least one year of continuous support is provided to the child immediately before the child's death.
* Kentucky's intestate succession laws, as well as other related laws, can be found in Title XXXIV of the Kentucky Revised Statutes.

Copyright 2002 - 2004, CCH INCORPORATED. All Rights Reserved.
A WoltersKluwer Company.
 
S

seniorjudge

Guest
seal said:
What is the name of your state? Ky.
I don't think I did a very good job of explaining the situation so I'll see if I can word it differently.
The mother & father of this family had 5 sons & 2 daughters. They deeded one of the sons 5 acres and a house as his inheritance and later the son died so that property went to his wife and 2 daughters.
Later another son was deeded 16 acres after the death of one of the parents, then after the death of the other parent was willed the other 4 acres and a house.
Now the son who had the 20 acres and house has died also, leaving no will.
Will the daughters of the first son be included in this estate ? There are other brothers and sisters living. ( I know Ky. law says neices and nephews of deceased siblings are included but since the first son's family already have their share of the estate, will they also have a part in the rest of this estate ? )
I think all of your questions are answered by looking under number 3; the folks listed their will share in various amounts the property left by the fellow who died without a will.
...
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.
 

seal

Junior Member
follow up question

So even tho the first brother's family has already received their inheritance from the mother & father, they will still get another share of the remaining estate ?
 
S

seniorjudge

Guest
seal said:
So even tho the first brother's family has already received their inheritance from the mother & father, they will still get another share of the remaining estate ?
That is totally irrelevant.

What you are looking at right now is an answer to how the property is distributed when a person did not leave a will. I gave you the statute for that.

When a person does not leave a will, what he is in effect saying is that the government gets to decide where his property goes when he dies. It doesn't matter that the people to whom the property goes have already received other property from the dead person's ancestors.
 

seal

Junior Member
seniorjudge, Thank you . That's what I needed to know. ( if it was revelant about the brother's family already receiving property from the parents )
 
S

seniorjudge

Guest
seal said:
seniorjudge, Thank you . That's what I needed to know. ( if it was revelant about the brother's family already receiving property from the parents )
You're welcome.
 

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