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Probate/Estate issue
Posted on 10/22/25 at 6:08 pm
Posted on 10/22/25 at 6:08 pm
Anyone deal with estate or probate law? A few months ago I posted about this- uncle passed a few years back, his sister ( my aunt as well) took care of his estate.
After nearly a year and half in probate then the long approval process at the KY Revenue cabinet, finally got word that it was approved. Our aunt, whom is executor, has been radio silent. My brother and I will have to call her this week or next to see if she plans on distributing assets.
My question is does she have a certain period of time to distribute? And, would she have a loophole to cut my brother and I out of the estate.
Thanks for any ideas or help, I’m hoping this don’t lead to me contacting a probate attorney, but who knows.
After nearly a year and half in probate then the long approval process at the KY Revenue cabinet, finally got word that it was approved. Our aunt, whom is executor, has been radio silent. My brother and I will have to call her this week or next to see if she plans on distributing assets.
My question is does she have a certain period of time to distribute? And, would she have a loophole to cut my brother and I out of the estate.
Thanks for any ideas or help, I’m hoping this don’t lead to me contacting a probate attorney, but who knows.
21
Posted on 10/22/25 at 6:11 pm to BluegrassCardinal
Possession is nine tenths of the law. You’re out of luck.
Posted on 10/22/25 at 6:15 pm to BluegrassCardinal
If you continue to be unable to contact your aunt, you should contact an attorney experienced in estate planning and wills/trusts.
Which document was filed in probate?
Assuming it's a Last Will and Testament, the document may outline certain deadlines that the executor needs to abide by in distributing the assets.
Look to the document filed in probate.
If the executor fails to abide by the terms of the document, you may be entitled to injunctive relief.
If so, it's best to retain an experienced attorney to draft and file the necessary documents in court.
I hope this is helpful and good luck.
This is not legal advice.
Which document was filed in probate?
Assuming it's a Last Will and Testament, the document may outline certain deadlines that the executor needs to abide by in distributing the assets.
Look to the document filed in probate.
If the executor fails to abide by the terms of the document, you may be entitled to injunctive relief.
If so, it's best to retain an experienced attorney to draft and file the necessary documents in court.
I hope this is helpful and good luck.
This is not legal advice.
This post was edited on 10/22/25 at 6:43 pm
Posted on 10/22/25 at 6:16 pm to BluegrassCardinal
If the will is not executed correctly, I believe you can contest it. The executor of a will is not the owner of the estate. She simply is there to implement the will as written.
Posted on 10/22/25 at 6:17 pm to BluegrassCardinal
Probate law is different state by state. If you expect to get a significant amount of money and she is holding on to it, it would be worth talking to an attorney.
Posted on 10/22/25 at 6:21 pm to BluegrassCardinal
I thought this thread title said prostate at first. 
Posted on 10/22/25 at 6:32 pm to BluegrassCardinal
Are you friendly with the aunt? If not, find an attorney.
Posted on 10/22/25 at 6:35 pm to BluegrassCardinal
I can guarantee your aunt sold everything off during that year and a half, and is counting on family not taking her to court.
Posted on 10/22/25 at 6:36 pm to BluegrassCardinal
quote:
I’m hoping this don’t lead to me contacting a probate attorney, but who knows.
Yeah, you're going to have to get an estate attorney to enforce her doing what she's supposed to do as an executor of the estate.
Posted on 10/22/25 at 6:45 pm to forkedintheroad
quote:
I can guarantee your aunt sold everything off during that year and a half, and is counting on family not taking her to court.
Seen this before. The only thing the new wife couldn’t steal was the land. Everything else was gone. Oh he had nothing when he died. Yeah, right.
Posted on 10/22/25 at 6:59 pm to BluegrassCardinal
Aunti livin large right now with her newfound riches.
Posted on 10/22/25 at 7:03 pm to BluegrassCardinal
Been through this. Most likely she has been spending and/or moving money. You can’t distribute what is not there
Posted on 10/22/25 at 7:05 pm to BluegrassCardinal
What does the Will say?
Posted on 10/22/25 at 8:06 pm to BluegrassCardinal
quote:
you should contact an attorney experienced in estate planning and wills/trusts.
I can tell you from experience, 100% absolutely do this. DO NOT deal with a regular attorney, find an estates attorney.
Posted on 10/22/25 at 9:58 pm to BluegrassCardinal
Not barred in Kentucky sorry
Posted on 10/22/25 at 11:01 pm to MintBerry Crunch
I would 100% recommend trying to resolve it between the family before you get attys involved. Especially if it’s not a huge amt of money/large estate. It would really suck to find out she has done nothing wrong and you are on the hook for your legal fees and the estate is on the hook for hers. You loose twice in that situation. First hand witnessed a family brew ha ha over an estate with several heirs and different attys fighting over allegations and the like. The only winners were the attys.
Posted on 10/22/25 at 11:03 pm to cbree88
quote:
thought this thread title said prostate at first
I am disappoint.
Posted on 10/23/25 at 4:26 am to BluegrassCardinal
Was there a will? Did it leave anything to your or your brother?
If no will, are you an heir entitled to inherit under KY law? Mere nephews don't usually get anything intestate (no will) unless a whole lot of other folks-- including the deceased's spouse, children, parents, and siblings (the aunt?)-- are already dead. If any of them were still kicking when uncle died, they likely outrank you.
That said, I know zero about KY law other than what AI said when I asked it "do nephews inherit intestate under kentucky law?"
If no will, are you an heir entitled to inherit under KY law? Mere nephews don't usually get anything intestate (no will) unless a whole lot of other folks-- including the deceased's spouse, children, parents, and siblings (the aunt?)-- are already dead. If any of them were still kicking when uncle died, they likely outrank you.
That said, I know zero about KY law other than what AI said when I asked it "do nephews inherit intestate under kentucky law?"
Posted on 10/23/25 at 8:13 am to Thirty Three
I’ve got paperwork from the attorney she retained. I don’t believe my uncle had a will. I believe the assets were to be distributed between my aunt, then my brother and self. I have all that paperwork in my desk at home. I plan on consulting an attorney just in case she plans on maintaining radio silence.
As you can tell, I know very little about estate law, just another reason to possibly retain someone.
As you can tell, I know very little about estate law, just another reason to possibly retain someone.
Posted on 10/23/25 at 8:23 am to Twenty 49
Yea, my grandparents are long gone. My dad passed in 2014, my brother and I are his only living descendants. My aunt was the only child remaining in that family, so there’s really nobody else left.
Of note, when my great aunt passed, her daughter ( my first cousin) was given the home without my brother or I knowing the details of the estate. Knowing my great aunt, her wishes would have been to equally divide her estate. If this was done unfairly, I don’t expect anything can be done to remedy it.
Of note, when my great aunt passed, her daughter ( my first cousin) was given the home without my brother or I knowing the details of the estate. Knowing my great aunt, her wishes would have been to equally divide her estate. If this was done unfairly, I don’t expect anything can be done to remedy it.
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