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Kentucky Estate Planning Questions & Answers
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.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: My husband and I had a trust made in2001 and then bought property in ky in2002. The trust wasn't recorded and now my hus

My husband and I had a trust made in 2001 and bought property in ky in 2002. The trust wasn't recorded but the deed states Robert and rose husband and wife now in2019 he passed away with both our wills states the other receives all property. Now I'm trying to sell it and atty states that... Read more »

Timothy Denison
Timothy Denison answered on Jul 23, 2020

Have a real estate attorney review everything and he can tell you how to clear the title.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: If one dies without a will by state intestacy laws. How is the heirs assets of the estate distributed if the descendant

Still owed on the estate? Is it based off the value of the estate or the equity?

Timothy Denison
Timothy Denison answered on Jun 30, 2020

All debts and just claims are paid first. What is left over, if anything, is divided among the heirs pursuant to statute.

1 Answer | Asked in Probate and Estate Planning for Kentucky on
Q: Hi. My husband’s father passed away a few years ago. His estate is going to probate court. He owes over $16K in child...

Support to him and his sister. Since this is a debt that will be paid off during the probate process and all.. will his children receive the money he owes for child support beings they are over 18? Needed answer for state of Kentucky. Thank you!

Timothy Denison
Timothy Denison answered on Jun 28, 2020

Yes, but your husband and his sister need to file proofs of claim in the probate case ASAP to ensure they get their Money.

1 Answer | Asked in Estate Planning for Kentucky on
Q: I have been willed a small amount of funds from a close friend with no husband nor children.

She made her will and left everything to me. Can sibling come in probate and contest will?

Nina Whitehurst
Nina Whitehurst answered on Jun 27, 2020

Anybody can contest a will. That doesn’t mean they will succeed. You should have an attorney help you with this. Sometimes it makes sense to offer them a little something to go away but if you do that you need an attorney to help you draft an ironclad settlement and release.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My dad gave me something that is not included in the will but many people know his last wishes.

I put my life on hold the last four years to take care of my dad and I do it again. The last appointment I took my dad to the doctor told him he was dying and had few days left. My dad on the way home told me to take his truck that he wanted me to have it and also he wanted me to have the house... Read more »

Timothy Denison
Timothy Denison answered on Jun 1, 2020

If the will says divide equally, it will have to be divided equally. If your dad didn’t change the will to include those specific bequests, there is nothing you can do.

1 Answer | Asked in Estate Planning for Kentucky on
Q: my mother has an irrevocable trust and an insurance policy in the name of her trust.

My father was the trustee but he passed away. My brother is listed on the trust as successor trustee so we are trying to change the trustee on the insurance. The form asks for the KY state law governing this trust. Where can we find that information?

Timothy Denison
Timothy Denison answered on May 13, 2020

KRS Chapter 386B - Teusts

2 Answers | Asked in Estate Planning for Kentucky on
Q: I signed a contract on buying a house and the mortgage company want give the money do to failed inspection on foundation

And electrical is wired up wrong

Nina Whitehurst
Nina Whitehurst answered on Mar 18, 2020

Check your purchase contract to see if you have a financing contingency. If you were working with a real estate agent or any attorney, most likely it does. If it contains a financing contingency, meaning you don't have to purchase if you can't get a loan, then follow the procedure in... Read more »

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1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Mom and step dad was married for 25 years they made a will leaving me everything ,mom passed away step dad has remarried

Does this affect the will they made at all

Timothy Denison
Timothy Denison answered on Mar 9, 2020

Depends on the language of the will. One would have to actually see the terms of the will to properly answer your question.

2 Answers | Asked in Estate Planning for Kentucky on
Q: My husbands sister signed a notarized quitclaim deed giving him her home in 2018. She passed away Jan. 1, 2020.

The deed was recorded in Nov. 2019. Will that property be inventoried by her state appointed administrator?

Timothy Denison
Timothy Denison answered on Feb 13, 2020

No. It belongs to your husband and is not an asset of his sisters estate.

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2 Answers | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: Much has been given to my son. Real estate, automobiles, cash, and farm land adjoining my current farm .

He now has the small tract of farm land up for sale. Is there any legal way to stop such activity ? He is currently going through divorce and ran wife off, so he could take up with a married lady. Am wondering if there is some type document that can be filed for the return of equity that he has... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 12, 2020

The thing about gifts is you can't take them back. The best you can do now, if you have other children or beneficiaries, is make sure your clearly takes into account these prior gifts as advances against his inheritance.

Just FYI, had you hired an attorney before making those gifts,...
Read more »

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1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Business Law for Kentucky on
Q: My husband passed and my name was not on title of car however I am his wife and payments are made t&ey repossessed

Anything I can #o

Timothy Denison
Timothy Denison answered on Feb 8, 2020

You may have a claim for wrongful repossession and damages if the loan was not in default. Consult a debtors rights lawyer.

3 Answers | Asked in Civil Rights and Estate Planning for Kentucky on
Q: My mother passed away in 2008 her daughter lives in are mom house does she still owe me for my half we in kentucky
Nina Whitehurst
Nina Whitehurst answered on Feb 3, 2020

It is not possible to correctly answer your question without a lot more information, but it sounds like you and your sister inherited a house together. It also sounds like your sister is living in it and you are not. You have the right to live in it as well. You also have the right to sell your... Read more »

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