Estate Deed Ownership Clarification

Summary

In Kentucky, a deed labeled as an estate can include a living person, complicating ownership. Surviving owners may inherit property directly if held as joint tenants with right of survivorship. Siblings and nieces can be heirs if no closer relatives exist. Consult a local attorney for estate planning or property transfer guidance.

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No the deed has been like this and no probate
It sounds like the property is currently held in the name of the estate of Darrell Dean Sharp and Patricia. In Kentucky, if there's no probate and the deed is labeled as such, it might be beneficial to consult a local attorney about the potential for a transfer-on-death deed or other estate planning tools.
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what if one person on the deed was alive
If one person on the deed is still alive, the property ownership would typically pass directly to the surviving owner if they held the property as joint tenants with right of survivorship. In Kentucky, this means the surviving owner would have full ownership of the property without the need for probate.
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Can a deed say estate and one person still be alive
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In Kentucky, a deed can list an estate and a living person as co-owners, which can complicate ownership issues. The living person may have rights to the property, but the estate's interest could require legal intervention to resolve.
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so estate on a deed doesn't automatically mean both parties are deceased
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Correct, the term "estate" on a deed does not automatically mean that both parties are deceased. It indicates that the property is associated with the estate of the deceased person. If one person is still alive, their ownership rights continue, but the estate's interest may need legal resolution.
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So the second person would inherit the deed upon the first persons death, and after the second person passes it would be passed down through the second person's heirs, correct?
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If the property is held as joint tenants with right of survivorship, the surviving owner would inherit the property upon the first person's death. After the second person passes, it would then pass to their heirs.
Do you need help with understanding Kentucky's property transfer laws or any other specific query?
does a sibling count as an heir
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In Kentucky, siblings can be considered heirs if there are no surviving spouse, children, or parents of the deceased. When distributing an estate, the order of priority generally is:
- Spouse and children
- Parents
- Siblings
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what about neices? would they come after siblings?
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In Kentucky, if there are no surviving spouse, children, parents, or siblings, nieces and nephews can inherit as next of kin. They come after siblings in the order of inheritance.
Do you need any more specific details on inheritance laws in Kentucky or any other assistance?