Can I put my mother’s property through probate, even if one of my siblings hasn’t given me a notarized letter of no contest over the property?

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Can I put my mother’s property through probate, even if one of my siblings hasn’t given me a notarized letter of no contest over the property?

I have been making the mortgage payments on my mothers property for over 2 years after she passed away. The rest of my siblings have given me notarized letters of no contest over the property. I feel that the only sibling left just doesn’t have the extra money to get a letter notarized and may have concerns that if my wife and I where to divorce that she would try to take the property, which would never be her intent even if we where to divorce. Do I even need to go through probate? What can I do?

Asked on August 10, 2012 under Estate Planning, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  This type of letter may be specific to Kentucky Probate procedure and you should speak with an attorney there as to same.  Did your Dad leave you the property in a Will?  Or is it passing through intestate? If the letter waives their right to the property or consents to the WIll being put through probate then as long as it is properly served then you can probably proceed through probate if you serve additional notice that probate is going forward with out his objection.  In many states the notice is called a "citation." Good luck.


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