Lawyers, Answer Questions  & Get Points Log In
Kentucky Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Kentucky on
Q: Kentucky Last Will directs payout for life insurance, conflicts life insurance beneficiary listed.

A Kentucky attorney created a will that details life insurance payout and how the funds should be used (split into 4 and used for school tuition etc.) The life insurance company only has one beneficiary listed, who happens to be the executor of the estate. There is an open probate case currently,... Read more »

Timothy Denison
Timothy Denison
answered on Nov 21, 2022

Life insurance passes outside probate unless the estate is the beneficiary. If the executor is the beneficiary, the proceeds should pass outside probate.

2 Answers | Asked in Estate Planning for Kentucky on
Q: After my husband's passing 10 years ago do I have to leave them anything in my will at my passing they never visit call

Or anything unless to start drama. They say I have to have my home sold and divided equally with them as he and I had 8 children we adopted plus 3 of ours together I have paid every payment tax and insurance on the house the last 10 years. Alone and still owe 8 more years on it

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Nov 15, 2022

As a general rule, you do not have to leave anything to anybody in your will if you don't want to, unless you have entered into some kind of contract that says otherwise (some people do). But that is not the end of the inquiry. The question is whether you own the house 100% solely in your... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My husband passed away 10 years ago I never went to probate court but now I need to to be able to transfer a old motorcy

Probate said I need to get all his biological children over 18 to sign off on it but his 3 older ones won't saying they would be signing their rights away to my house. But deed states that if either of us dies first house goes to surviving spouse. Do they have right to my house in my passing... Read more »

Timothy Denison
Timothy Denison
answered on Nov 13, 2022

They have no right to you house as it passed to you pursuant to the deed. Ask if you can do a dispense with administration. If not, you will have to file to open probate and get appointed administratrix in order to sell the bike. In any event, his adult children probably get nothing.

1 Answer | Asked in Estate Planning for Kentucky on
Q: We have lived with my mom for 16 years and took care of her. She passed away and now my brother says we need to get out

We need time to get a place to go. Is 6 months too long

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

You’ll either have to reach an arrangement with the estate to stay in the house and rent/buy it or you’ll have to move out. Many factors can’t impact it, but 30-60 days is usually the time given to move if no agreement is reached.

1 Answer | Asked in Estate Planning, Environmental and Native American Law for Kentucky on
Q: If I wanted to donate land to an Indigenous tribe, where would I start?
Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Research the various tribes, determine to whom you want to donate the land and then transfer the property to the donee.

1 Answer | Asked in Estate Planning for Kentucky on
Q: My dad borrowed money against my life insurance policy. He recently passed away. Can I have the estate reimburse me?

This policy is from 1980, and dad purchased one for all his children. I had no idea he had borrowed against it.

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

No. You were the beneficiary. At the time he cashed the policy in (and was alive), the policy belonged to him and him alone. It is a pre-decease transaction.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Selling deceased mom's house. 4 siblings are going to divide what we get out of it. Do we have to pay taxes on it. In Ky

4 siblings, oldest has control over estate.

Timothy Denison
Timothy Denison
answered on Oct 27, 2022

Depends on the value of the house but most likely the answer is no tax due.

2 Answers | Asked in Probate and Estate Planning for Kentucky on
Q: My mother passed away 3 yrs.ago.She had mirror wills with my stepfather. My stepfather now wants to change his will.

Is it legal to chane the wills now,after her death?

Thank you in advance for your response

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 24, 2022

He can always execute a new Will, but disappointed legatees/devisees might contest the Will when Probated. The argument is a mutual will under contract, but it is hard to prove and win on. It can also be hard to effectively revoke the existing document, if he does not have possession of it.

View More Answers

1 Answer | Asked in Elder Law, Estate Planning, Family Law and Real Estate Law for Kentucky on
Q: When the will is executed, am I able to buy out the home for 2/3 of the market value using the inheritance $

I am set to be 1/3 heir of my grandfathers estate. Guardianship of my grandfather was recently granted to his friend, who also happens to be the eventual executor of his will. He was placed in an assisted living facility, and his home is currently vacant.

I was hoping to he able to move... Read more »

Timothy Denison
Timothy Denison
answered on Sep 25, 2022

No. The rental and the sale both will have to be at full fair market value in order to preserve your grandfathers estate. You may be able to rent it and buy it later, but they will both have to be at fair market value.

1 Answer | Asked in Estate Planning and Agricultural Law for Kentucky on
Q: City passed a new ordinance a year after I have owned chickens and are saying I have to get rid of them am I grandfather

I’ve lived there for three years and owned chickens they whole three years and are now telling me I have to get rid of them new ordinance passed may 2nd this year

Timothy Denison
Timothy Denison
answered on Aug 25, 2022

One would need to see the ordinance and it’s history to properly answer this question.

1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Probate for Kentucky on
Q: 10 year old's dad died in car accident, brother and mom took next of kin and refuse to give my daughter ashes

My 10 year olds dad was killed in a car accident, his brother and mother have taken over the estate (we are in different states and weren't married) and had him creamted, and have told me they will not give any of my daughters dad's ashes to her. I have filed petetion for head of estate... Read more »

Timothy Denison
Timothy Denison
answered on Jul 28, 2022

You’ll have to file a lawsuit against the family and the estate regarding the ashes, but certainly nothing is going to be accomplished by 7/30/22. I am not sure it would be worth the cost of filing suit, but that is certainly your decision.

1 Answer | Asked in Estate Planning, Personal Injury and Probate for Kentucky on
Q: how can i have next of kin taken from my daughters dad's family and given to my daughter

they refuse to give her any of her dads ashes

Timothy Denison
Timothy Denison
answered on Jul 27, 2022

It is unclear what you are asking beyond taking ashes from next of kin and giving to your daughter. Many more facts are necessary to complete the picture and explain what is actually happening here.

1 Answer | Asked in Family Law and Estate Planning for Kentucky on
Q: My father passed away in 2005. Before he passed he asked for my 2 sons SSN. After he passed my mom wanted the SSN again.

I was told by a non family member he had left 4 grandkids something in his will. I believe my mom tricked me in to giving her their SSN after he passed so she can get their money. The reason I believe this is my mother had taken money out of my dad bank account before and was trying to blame me for... Read more »

Timothy Denison
Timothy Denison
answered on Jul 27, 2022

What is your question?

1 Answer | Asked in Estate Planning for Kentucky on
Q: Is a will legal if is only witness no lawyer name not in court
Timothy Denison
Timothy Denison
answered on Jul 26, 2022

One would have to actually see the will to correctly answer this question although it might possibly qualify as a holographic will.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: If someone passes away does their co-signer inherit the mortgage of their home or does their estate have to pay first?

Would that debt off the top as part of the deceased debt or be pushed over to the co-signer?

Timothy Denison
Timothy Denison
answered on Jul 16, 2022

Both the estate and the co-signer are still liable for the mortgage. From there, it Depends on whether the co-signer wants the property and is willing to finish paying the mortgage. Also depends on how title was held to the property. Lastly, if no agreement is reached, the court will simply... Read more »

1 Answer | Asked in Estate Planning for Kentucky on
Q: Does a titled vehicle count as property in the house left to someone in a will?

My wife is executor of her recently deceased uncle's will. She was left his house and all contents. He never signed the title of his vehicle over to her. Is it included as house contents, personal property or does she have to sell it and add money to estate for further distribution of assets... Read more »

Timothy Denison
Timothy Denison
answered on Jun 9, 2022

Linder the facts you provided, it does not go to her but should be sold to pays his debts or divided equally among the heirs if there are no debts.

1 Answer | Asked in Estate Planning for Kentucky on
Q: KY - Probate question (Setting Up Estate after Death) due to Wrongful Death (Potential) Large Settlement or Verdict

My father's mother passed away last year due to horrific bedsores while in nursing home care. She had 5 adult children. 2 had passed before her, and one (my father) passed AFTER her. A wrongful death suit has been filed. In KY only one representative (executor) her son can file lawsuit (done).... Read more »

Timothy Denison
Timothy Denison
answered on May 3, 2022

Yes. Based on the facts set forth, Your father will take under the will. You should open probate for him.

1 Answer | Asked in Estate Planning and Elder Law for Kentucky on
Q: What happens to a disabled adult after the caregiver & guardian dies and there is no inheritance to provide financially?

I am mom, caregiver and guardian to my adult son whom has significant disabilities. He is unable to care for himself due to cognitive and psychiatric disorders. I am the only person willing to care for him and I cannot continue this role much longer. I do not own any property or assets to provide... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Apr 3, 2022

I am not in Kentucky, but here is a link to resources that should be able to help you:

https://www.olmsteadrights.org/self-helptools/advocacy-resources/item.6987-Kentucky_Disability_Resources_and_Advocacy_Organizations

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: I’ve been granted Administratrix of my mother’s estate. What do I do about her townhome?

I was granted administratrix of my mother’s estate this past September. She didn’t own a home but she lived in a townhome that is a co-op (she partially owned it) so she paid a certain amount down to move in & if she decided to sell it back to the complex, they’d give her her money back.... Read more »

Timothy Denison
Timothy Denison
answered on Mar 24, 2022

If all heirs agree, you can simply sign it over to him.

1 Answer | Asked in Estate Planning for Kentucky on
Q: My dad asked for my 2 sons SSN before he passed.After his funeral my mom calls wanting their SSN again.

What does that mean or what is she trying to do?

Timothy Denison
Timothy Denison
answered on Mar 24, 2022

Maybe establish a trust. Why do t you just ask her?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.