[KY] What should I do if my brother died without a written will?
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My brother died. He had no will but has properties. Not married. Supposed to have 2 kids—him or us not sure. However, we think the girl maybe. He always told me he wanted me to have everything, since he claimed me as his last living relative. He told us how he wanted his burial and as soon as he passed, we did what he wanted.
So to finally get to the question: what do we do?
I'm sorry to hear about the passing of your brother and the confusion surrounding his estate. Have you been able to locate any documentation or information regarding his assets or debts?
I know he received Social Security and a couple pensions, which I have talked to.
I also know he was paying a mortgage on his home. Also had a checking account, stock, and 401(k), and of course I’d think he had other bills.
I know none of the names of who/where he owes.
Do you know if your brother had any bank accounts, investments, or retirement funds that may need to be addressed as part of his estate?
Yes. I have them listed above.
On his stock he said I was beneficiary of it—I called and they said no.
He told me for the last 20 years I was to take everything and do what needed to be done—which I know the kid(s) does all that.
I also know my son paid around $8,000 for his funeral.
Steps to Take (General):
1. Determine the State's Intestate Succession Laws:
Since your brother had no will, his estate will be distributed according to Kentucky’s laws of intestate succession.
2. Identify and Notify Potential Heirs:
If your brother has children, they may be his legal heirs. Identifying and notifying all potential heirs is essential.
3. Appoint an Administrator:
You may apply to the probate court to be appointed as administrator of the estate.
4. Inventory the Estate:
Document all assets—real estate, accounts, stocks, etc.
5. Settle Debts:
Pay off mortgage, funeral costs, and other bills before distributing assets.
6. Distribute the Assets:
After debts are paid, distribute the rest according to Kentucky law.
7. Hire an Attorney:
A probate attorney can help you navigate the process.
He lived in Florence, KY and I live in Buckhorn, KY. I’m 71 years old and not able to make trips out there and do all of that.
Thank you for your location. Since your brother resided in Kentucky, the state’s intestate succession laws apply.
Here’s how it works specifically in Kentucky:
1. Intestate Succession:
If your brother had children, they are the likely heirs. If not, it could pass to siblings like you.
2. Probate Location:
You must initiate probate in Boone County (where Florence is).
3. Administrator Options:
If you can't travel, you can appoint someone local or hire an attorney to represent you.
4. Legal Assistance:
It’s strongly advised to hire a Kentucky probate attorney. Many can help remotely.
5. Funeral Costs:
Your son could be reimbursed from the estate once debts and bills are settled.
6. Find a Probate Attorney:
The Kentucky Bar Association can help you locate one.
If his kid(s) don’t want to do it or can’t be found, would that fall on me to do it and then distribute to said kid(s)?
Yes, if the children are unable or unwilling to act, you may administer the estate.
Here’s how:
1. Petition the Court:
You can apply to be the administrator in Boone County Probate Court.
2. Administrator Role:
You’ll manage the estate and distribute assets to legal heirs.
3. Locate Heirs:
You must make a reasonable effort to locate the kids (public records, investigators, etc.).
4. Distribute Assets:
If heirs are found, distribute to them. If not, the court will advise on next steps.
5. Legal Help:
A probate attorney can help navigate everything and represent you in court.
6. Guardian Ad Litem:
If heirs are missing/minors, a guardian ad litem may be appointed.
Thank you for your time and help. I’ll try to figure out what to do. What happens if no one can or will do it?
If No One Administers the Estate:
1. Court-Appointed Administrator:
The court appoints a public administrator or professional fiduciary.
2. Same Process:
They manage the estate just like a family administrator would.
3. Paid by Estate:
Their fees come from the estate’s funds, regulated by the court.
4. Distribution:
Assets are still distributed by Kentucky law. If heirs can't be found, funds may eventually escheat to the state.
5. Optional Legal Advice:
Even if you don’t take on the role, you can consult a lawyer to stay informed or express interest.
