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Kentucky Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Can an estate attorney and an executor put a house into probate without a deed. What if someone else holds the deed?

I have the deed to the house that my Dad lived in. Upon his death the executor of his estate barred me from my home and took most of the belongings, I just discovered that I am the rightful deed holder. What are my remedies?

Timothy Denison
Timothy Denison answered on Jul 2, 2021

One would need to see the deed and will to fully snd properly answer this question. However, you should hire a probate attorney to represent you and protect all your rights as an heir.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Mother passed away only beneficiaries are me and my bother which is married. Does his spouse have to sign to sale home?
Timothy Denison
Timothy Denison answered on Jun 10, 2021

Yes. She has to extinguish the dower

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Should I seek counsel in PA or KY?

My grandmother recently passed away in Pennsylvania. She did leave a will which list me and my siblings to receive and split her assets. However, my uncle, who is listed as the executor has the will. I have not seen it nor read it. All the information I receive is hearsay. I am Wanting to seek... Read more »

Timothy Denison
Timothy Denison answered on Apr 29, 2021

Pennsylvania.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Can the terms of a trust be amended with the consent of both the executor and the trustee?

I currently receive $1000 a month from my deceased grandmother's estate. The duration of the trust is 60 months, with 34 months remaining. Is it possible to amend the structure of the benefits if both the executor (my uncle) and the trustee (me) consent? For example, instead of receiving... Read more »

Timothy Denison
Timothy Denison answered on Apr 7, 2021

Yes.

3 Answers | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Kentucky on
Q: We have 498 Acres there is about 15 names on the property how could we sell the property? Do we need all 15 to sign of
Timothy Denison
Timothy Denison answered on Apr 5, 2021

Yes. You need all 15 to sell by agreement. Otherwise, just file suit to partition...

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1 Answer | Asked in Estate Planning for Kentucky on
Q: My father's estate is completely settled. Can you issue funds early and does a judge have to issue the funds?
Timothy Denison
Timothy Denison answered on Mar 27, 2021

You can issue some funds early. Decision is up to Executor, not judge.

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Kentucky on
Q: Can an elderly person sell their home to family if they are already in nursing home paying privately?

Grandmother wanted to give me home before she had a stroke and had to go to nursing home. Can she still sell me the house from the nursing home? I keep telling her I don't want to get into legal trouble. I am her power of attorney we are paying for her care out of pocket so medicaid is not... Read more »

Timothy Denison
Timothy Denison answered on Feb 26, 2021

Yes, presuming she is in her right mind and still wanting to transfer the house to you. I would NOT use the power of attorney to sign for her if she is of sound mind and can sign herself bc the POA use reeks of undue influence (even if there is none).

2 Answers | Asked in Estate Planning for Kentucky on
Q: How do I transfer my deceased mother's vehicle out of her name in KY? She had no will and I'm her next of kin (daughter)

The circuit clerk said to get an "order of distence" when I called about that I was told to get legal advice.. there is no estate to be executor to. She only had a bank account and car

Ben F Meek III
Ben F Meek III answered on Jan 12, 2021

Most states have what are called "small estate affidavits" or "affidavits of heirship" or similar. If

you qualify to use them, they can help avoid having to file a probate case with the courts. Generally, you have to be an heir of the owner that has died, no probate...
Read more »

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1 Answer | Asked in Estate Planning for Kentucky on
Q: My uncle passed away in June. He had no will. I received a check made out to his estate in care of me. What do I do

He resided in a nursing home and his 2 kids however they don’t hve anything to do with him and his daughter has a pending case against her for stealing his money and not paying his rent as well as selling his vehicle. I also informed his son I have received the first check which is not care of me... Read more »

Timothy Denison
Timothy Denison answered on Nov 30, 2020

Open an estate and have yourself appointed Administrator so you can handle his affairs.

1 Answer | Asked in Estate Planning for Kentucky on
Q: What are residence requirements in KY to be executor of will, successor trustee of trust, financial power of attorney?
Timothy Denison
Timothy Denison answered on Nov 28, 2020

There are no residence requirements but you must designate a service of process agent inside the state if you are a non-resident.

1 Answer | Asked in Estate Planning for Kentucky on
Q: What happens when the updated trust documents convey property after a quitclaim deed recorded

that the terms of the trust updated August 21, 2003 directs that upon termination, the trust property is to be distributed to my siblings and myself, share and share alike. I was told that the property held by the Declaration of Living Trust dated August 14, 1998. that the real estate was never... Read more »

Timothy Denison
Timothy Denison answered on Sep 21, 2020

The 2019 conveyance now puts it in the trust. One would have to see the actual documents in question to answer this question properly.

1 Answer | Asked in Estate Planning and Family Law for Kentucky on
Q: Can I appoint a personal representative to represent me in an estate negotiations involving my family?

It’s my grandmother’s estate. She had 6 children only 3 are living and the other 3 have passed so 3 grandchildren and 3 of her children have been attempting to divide and sell all of her assets. It has been a messy 2 year process and I do not have the time to continue pursuing it. I want to... Read more »

Timothy Denison
Timothy Denison answered on Sep 21, 2020

Give your dad a Power if Attorney to represent your.

1 Answer | Asked in Estate Planning for Kentucky on
Q: With trust instrument do you follow? Amended or updated?

My father's living trust instrument was amended in 2000, He later update the trust instrument giving a person rights to occupy with provisions in 2003, which trust instrument do we follow? He passed away in 2004.

Timothy Denison
Timothy Denison answered on Sep 15, 2020

The updated trust.

2 Answers | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: How do we get out of a life estate?

A family member left her son a life estate and upon his passing left it jointly to myself and my brother and then to each of our children. The problem is the current life tenant struggle with both up keeping a very large farm and also financially struggles to pay the taxes due on it. Him, myself... Read more »

Timothy Denison
Timothy Denison answered on Sep 4, 2020

If the current life tenant wants to sell, and both remainder men are in agreement, just sell it to a purchaser. OnCe all three of you sign a deed, the life estate is extinguished and the property can be conveyed.

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1 Answer | Asked in Criminal Law, Probate and Estate Planning for Kentucky on
Q: Can my mom's power of attorney press charges on me for purchases I made while I was in charge of her account?

My dad died and he left me his wallet and asked me to take care of bills and house before he went to hospital. When he died their will said my sister was power of attorney so I gave her all the things to pay bills and stuff. She says I spent money wrong and wants to press charges on me for it.

Timothy Denison
Timothy Denison answered on Sep 1, 2020

Doubtful it was a crime but it can be hashed out in probate court and corrected.

1 Answer | Asked in Real Estate Law and Estate Planning for Kentucky on
Q: Can a man and woman (married for 35 years) leave house, 10 acres, and belongings to her child and not include his kids?

My father and stepmom bought 10 acres and built a house on it about 10 years ago. They revealed to me that the house and property will go to stepsister instead of splitting it between all kids. The property is in Kentucky.

Timothy Denison
Timothy Denison answered on Aug 23, 2020

Yes. They can do as they wish. Children have no right anything.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Can a sibling obtain a gift from her now deceased mother, who was residing with another sibling back with with no Will?

The decease was living with her oldest daughter, and her middle daughter brought her a piece of furniture over 5 years ago. There is no Will & the middle daughter wants it back while the oldest daughter (whom which the deceased lived with for over 5 years) state’s no. Her reason for not... Read more »

Timothy Denison
Timothy Denison answered on Aug 22, 2020

If it was a gift, no. If it was loaned or borrowed, no.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Could a will or a Trust be contested before it has been filed.

The recent death of the projected executor of this will and trust has placed the Senior citizen settler in a very vulnerable position. There is much animosity from the deceased's in-laws including his widow and adult daughter whom are threatening a challenge immediately on grounds of the... Read more »

Timothy Denison
Timothy Denison answered on Aug 9, 2020

No.

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