Legal Question in Wills and Trusts in Kentucky
Executor of Will's Responsiblities
My mother passed away recently and made my younger brother executor of her will. In the will, her farm was left to myself and my five siblings to share equally. My brother insist the property must be surveyed and divided by a surveyor. The will does not state it must be divided. Does he have the right to do this without our consent?
Asked on 9/25/07, 2:49 pm
1 Answer from Attorneys
Gregory Napier
Troutman & Napier, PLLC
Re: Executor of Will's Responsiblities
The answer to this really depends on the exact reading of the will. If typical language was used, then the will meant you each would hold an undivided 1/5 share of the farm as tenants in common. Most likely your brother does not have the right to take this action. Again though, you should have an attorney look at the will.
Answered on 9/28/07, 6:52 pm
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