If my mother passed away without a Will and left 3 living adult children some property we’d like to sell, do I need an attorney to be named executor of the estate or can I do it myself?

She had a small house on a small piece of property.

Asked on January 6, 2013 under Estate Planning, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is no Will then the mother could not have left the children any property in a document unless there was a trust. In such a situation where there is no trust or Will an intestacy proceeding needs to be filed by an interested party where the court under your state's intestacy laws sets forth who gets what assets of the mother where if there is no spouse, then the children should get such.

An attorney does not have to be retained but usually people at least consult with one for help.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.