Legal Question in Wills and Trusts in Kentucky

Heirship of land

My grandmother owned a piece of land as well as house in Kentucky. The deed was made out to her husband, herself, and heirs. Her husband passed away, and 2 of her 3 sons passed before she did. Her will left her part of the land to the remaining son, my dad. Does the other sons' parts of the land automatically transfer to their children, or does it transfer to the last remaining direct heir? And if it is does still belong to the other sons' children, would it be possible to survey the land into fourths and divided without a long argument between the parties?

Asked on 7/19/09, 5:38 pm

1 Answer from Attorneys

William Nesmith Dunlap & Nesmith, LLC
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Re: Heirship of land

The answer to this depends completely upon the provisions of the will, as there are an infinite number of ways to devise real estate. Assuming that your father has inherited the land in equal shares with your cousins, then the land can be divided in any manner they wish. As long as everyone agrees, it shoudn't matter how it's done. If one person does not agree, you will have to let the judge make the call.

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Answered on 7/20/09, 11:30 am

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