Legal Question in Wills and Trusts in Kentucky

False will submitted

How would I recover a CD that wasn't submitted in a will. My aunty also left me the house, but it was not rewared to me in the will. My cousin was her executor and I was her caregiver. To my knowledge every thing was to be left to me. Her friends and a host of people knew I was supposed to get the house and money she left for me. Could a conoseal piece be missing?


Asked on 5/28/09, 1:59 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: False will submitted

There are a number of scenarios to explain what happened. The most sinister is that someone hid or destroyed the last will and testament. Another likely explanation is that your aunt promised you these things, but never got around to changing her will. The best thing to do is consult with an attorney regarding all the facts you are aware of and get an idea of your likelihood of success. There is a statute of limitations issue, so you want to do this pretty soon.

If your aunt never changes her will to reflect her promises to you, there is still hope. You could proceed under a number of causes of action that, overly simplified, come down to pursuing an implied contract.

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Answered on 5/28/09, 9:10 am


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