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DLWILSON · Nov 13, 2012, 02:22 PM

My brother has been living in my mothers trailer for 5 years. She passed away in 2007. He has not paid any rent in the time he has lived there. My brother who was the executor of my mom's estate passed away this year. Could my brother who is living on my mom's property get that property deeded to him

ebaines · Nov 13, 2012, 02:33 PM

Please answer a few questions so we can understand the situation better:

First question is: when your mather passed away did she have a will, and if so what did it say about the trailer? If she died without a will - how did your brither the executr split the assets of her estate?

Second question is: Whose name is currently on the title for the trailer? Is it the brother who died, or the brother who is living there, or is it still titled in your mother's name?

If title belonged to the brother who died - did he leave a will, and if so what does it say about the trailer?

DLWILSON · Nov 13, 2012, 02:38 PM

My Mother had no will. The trailer is still in my mothers name. I just checked with the county court house.

ScottGem · Nov 13, 2012, 02:47 PM

Did your other brother not execute your mother's estate? Was anything done in probating the estate?

DLWILSON · Nov 13, 2012, 03:03 PM

Not to my knowledge

ScottGem · Nov 14, 2012, 04:05 AM

Well then something needs to be done. Since there was no will, the estate needs to be processed according to KY law MyStateWill.com | Kentucky Intestate Laws. So the real estate should be jointly owned by you and your siblings. The kicker here is that your deceased brother's share, belongs to HIS heirs.

Now, if all the heirs want to cede or sell there share to the brother who is living in the home they can.