I am a citizen of wisconsin. I am one of three co- executors and beneficiary of a will in Ky. All of the estate has been

Asked over 1 year ago - Wauwatosa, WI

distributed. The bulk of the estate passed as annuities. The will has been contested for over 3
years. The complainants have done nothing to prosecute the case. If I should lose the case in
a trial does Ky have the authority to freeze my bank account,garnishe my private pension,put
a lien on my home? The complainants are on their third attorney, the first two resigned from
the case. We have an attorney, he may be biased because we are out of state citizens.

Attorney answers (3)

  1. Jason Todd Studinski

    Contributor Level 20

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    Answered . Consult with your lawyer about these concerns. If you do not trust your lawyer, communications have broken down, or other issues have arisen, consider consulting another lawyer for a second opinion. I hope this helps. Good luck.

  2. Mark A. Jinkins

    Contributor Level 12

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    Answered . The will only passes property that is not distributed by some other mechanism; if the annuities were payable to beneficiaries and you are one of the beneficiaries, a will contest should not affect. On the other hand there could be a contest to the beneficiary designatiins as well as a will contest.

    Your question, though implying the complainants will beunsuccessful asks for an assumption that they will be successful. If you recieved or distributed assets improperly from the estate there would be personal liability to pay back. If there is a judgment against you then all of your assets may be subject to collection, subject to protections allowed under federal and state laws. A creditors attorney, like one that consults on bankruptcy, could be specifically asked about your circumstances, and the law of your state of domicile should control your assets in Wiscosnin.

    Consult with such a bankruptcy attorney about your specific question.

  3. Joseph Michael Pankowski Jr

    Contributor Level 18

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    Answered . Unfortunately, there are not enough facts here to provide a legitimate answer. For example, did you get probate court approval before distributing the assets? Did your attorney tell you to do so? And, if so, on what basis? If you distributed the assets without approval of the probate court (such as a decree approving a final account), then your personal assets may be at stake depending on the terms of Kentucky law.

    Finally, you note that your own attorney may be biased due to your out-of-state status. I think that is a stretch, but if you truly feel that way, you need to retain another attorney. A client should always have the utmost trust in his attorney or the attorney-client relationship invariably breaks down. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more

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