Full question:
My husband’s father and mother has passed away and they did not have a will. They had 6 children. One of the children (a daughter) moved in the house. She has lived there for 4 months and will not pay rent. The other children are trying to make her move out they give her 30 days to get out. The girl’s father deeded his heirs part to his infant grandchild. Does she have to pay rent or can the other children still make her get out?
- Category: Wills and Estates
- Date:
- State: Kentucky
Answer:
In Kentucky, when someone dies without a will (intestate), the distribution of their estate follows state laws. Typically, a surviving spouse has the first claim to the estate, but since there is no surviving spouse in this case, the estate will be divided among the six children.
According to Kentucky law, if the estate is small, the personal representative can obtain assets without a formal estate opening (Ky. Rev. Stat. § 395.455). The children can petition the district court to appoint a personal representative to manage the estate and oversee asset distribution.
Regarding the daughter living in the house, her obligation to pay rent depends on the family's agreement. If the other siblings want her to move out, they may need to follow legal procedures to remove her, especially if she has a claim to the property as an heir. Legal advice may be necessary to navigate this situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.