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Kentucky Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: i asked a ? prev on 11/2023 abt my mom & her est. i found what might be considered a holographic will (handwritten)

she wrote the letter she identified herself & the subject matter of what she was writing and what her wishes were but if she signed it with an alias is it valid? she signed it MOM but at the beginning she fully identified herself and what her intentions were would it help in any way to turn it... View More

Timothy Denison
Timothy Denison
answered on Jan 11, 2024

It’s worth a shot. You might be able to actually get that probated as a holographic will but I would find at least two neutral and detached witnesses who can identify her handwriting on the writing.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Kentucky on
Q: tia, any lawyers offer installments or pro bono for dying intestate in Daviess County KY? should be fairly cut n dry

she owned her house, filed for bankruptcy quite a few years back, and didn't accumulate much debt passed quickly with no nursing home involved we were in the process of making her LWT but didn't get it finalized before she passed.

Timothy Denison
Timothy Denison
answered on Nov 28, 2023

Check with your local bar association or legal aid society. They maintain list of reduced or pro Bono lawyers.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: Can a executor of a estate force the sale of a homestead bequithed to his son if he owns other real property

The other property was gifted to the executor and she only wants to be able to keep more of her interest with no concern of homestead.

Timothy Denison
Timothy Denison
answered on Aug 27, 2023

Yes. She can.

1 Answer | Asked in Estate Planning for Kentucky on
Q: My ex husband passed away and had a life insurance policy without a beneficiary listed. So it fell to our two kids.

It was 25,000 and is in a CD for both of them. Is there a way for me to access that money to pay off a car loan debt that I was stuck with when he passed away?

Timothy Denison
Timothy Denison
answered on Aug 2, 2023

Not without order of the court and then it is highly unlikely bc it is the kids money.

1 Answer | Asked in Estate Planning for Kentucky on
Q: I need a Lawyer quickly about being a hier of my aunts estate. I am already late on dealing with this matter. Need

Consultation as quickly as possible. Please contact me ASAP

Timothy Denison
Timothy Denison
answered on Jul 22, 2023

Check with your local bar association or legal aid society. They maintain a list of lawyers who may be able to helton.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Does joint accounts and retirement accounts with named beneficiary bypass probate?

My mother-in-law has put my wife on all of her checking/savings accounts as a joint account holder and named her as beneficiary of her retirement accounts. Her will (when she re-writes it) will leave $10K and a few certain items to my wife's sister and all remaining assets to my wife. There... View More

Timothy Denison
Timothy Denison
answered on Jul 8, 2023

That should be sufficient to avoid probate. The sister in law can always challenge the will as can any beneficiary, so that is a given.

1 Answer | Asked in Estate Planning for Kentucky on
Q: I got a question about wrongful death settlement agreement
Timothy Denison
Timothy Denison
answered on May 20, 2023

What is your question?

1 Answer | Asked in Estate Planning and Family Law for Kentucky on
Q: There is a will that states everything split equal my sister and her husband are living in the house that is in probate

Instead of them moving out when my mother passed away they choose to live there til the house sells but now are wanting me to split utility and mowing of the yard. I don't think that's fair

Timothy Denison
Timothy Denison
answered on May 17, 2023

Sell the house and divide everything equally or one of you buy the other out.

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Kentucky on
Q: Question regarding property, nursing home medicaid, and eviction.

A older person with very little SS income has a home with a mortgage and possibly no equity if sold. She gets married and moves in with spouse. She gets brain cancer and ends up in a nursing home for rehab. Spouse pays 30 days stay to try and get her medicaid eligible in meantime. Lawyer says gotta... View More

Timothy Denison
Timothy Denison
answered on May 3, 2023

If the home is not in her name, it can possibly be transferred since there is no equity in it. If the hone is in her name, if you can show Medicaid there is no equity, they might possibly start paying. If not, the house will likely have to be sold and the renters will have to buy it at sale.

1 Answer | Asked in Estate Planning, Family Law and Probate for Kentucky on
Q: Can the State of Kentucky put a lien on my deceased mother's property for unpaid medical bills?

My mother recently passed while still owing on her property in Madison County, KY. The State of KY was her guardian prior to death and she died with no will. I'm her only living relative and I went to probate court and was granted Petition/Order to Dispense With Administration, and am now... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2023

You will have to open probate to be able to make any transfers of the real property or the vehicles. A disprr we NDR eith administration will not get that done for you.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Can medicaid take money from a medical malpractice lawsuit on a nursing home that estate is rewarded in ky?
Timothy Denison
Timothy Denison
answered on Apr 13, 2023

If they are owed money from it, yes.

1 Answer | Asked in Estate Planning for Kentucky on
Q: While waiting on the insurance company to pay Out death insurance claim to beneficiaries am I able to get a small loan?

I am currently waiting on the insurance company to pay my mothers life insurance policy and I have had many recent financial hardships due to this crisis. I was wondering am I able to take out a small cash advance or loan while waiting on the insurance company to finalize and send? If possible... View More

Timothy Denison
Timothy Denison
answered on Feb 17, 2023

Yes. You can. Any banking institution near you should be fine.

1 Answer | Asked in Estate Planning, Probate, Real Estate Law and Identity Theft for Kentucky on
Q: I need HELP! In KY my dad died in 2013 & my mamaw in 2014. I didn’t know about probate & I was never told about it..

I have been doing research n have found that I don’t think it was ever properly done. The probate in either dads or mamaws estate. Monday will be 10 years since my dads death & I have never seen any types of docs or proof of anything. It looks like by the courthouse docs that everything is... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

You need a local attorney who has access to all the necessary information.

1 Answer | Asked in Estate Planning for Kentucky on
Q: When settling an estate as the executor, which debts legally have to be paid?

There will not be enough to cover funeral expenses and pay all outstanding debts.

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

The funeral expenses first and then whatever legitimate debts are filed as a proof of claim.

1 Answer | Asked in Estate Planning and Family Law for Kentucky on
Q: Which is legal a prepared will signed and notarized or a notebook with no signature or witnesses?
Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Prepared will signed and notarized is the legal standard. The notebook with no witnesses and not signed is worthless.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Hi, what are the consequences of not formally closing an "estate" if no taxes are owed, all debts are paid and money is

distributed to heirs?? Will the court come after the administrator??

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Yes. They could sanction the administrator, remove the administrator or make the administrator pay the cost of finalizing the estate because the estate must be properly closed..

2 Answers | Asked in Criminal Law and Estate Planning for Kentucky on
Q: The house I live in was in my exs name, I signed a document stating house was ours til he dies. Can he kick me out?

He bought the house for Me. I've lived here 6 years alone. He's in a separate house.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 9, 2023

It depends what the terms are in the document you signed stating you both have ownership in the home or the right to live there.

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