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Kentucky Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Kentucky on
Q: I have DACA and I am wanting to know how am I able to get a personal loan for $40,000 I do have collateral.
Timothy Denison
Timothy Denison answered on Dec 29, 2019

You’ll have to fill out an application for the loan and then shop it to various lenders who Might be interested in your collateral.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Kentucky on
Q: Can I take my dead fathers land from two people that I found out wasn’t biologically his kids?

When he died a percentage of his land went to me, my half brother & my 2 siblings. I found out recently that the 2 other siblings aren’t biologically his. My dad and mom were married but my mom cheated on my dad multiple times. He wasn’t aware the kids weren’t his. He died suddenly, so no... Read more »

Timothy Denison
Timothy Denison answered on Dec 29, 2019

You’d have to file a will contest action against them. Could be expensive with no guaranteed measure of success.

1 Answer | Asked in Estate Planning for Kentucky on
Q: My uncle died and I am his PA due to I don’t know about any of his family and I was assigned to be his PA in Indiana

I was wondering how long anyone had to come forward after the estate is probated He passed away 6 months ago

Timothy Denison
Timothy Denison answered on Dec 17, 2019

Usually it is 6 mo the from the date probate is opened.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Rights on property left behind of deceased who lived on my property . how long does daughter have to pick up?
Timothy Denison
Timothy Denison answered on Nov 23, 2019

Send her a letter, give her 30 days to pick up. If she does, it’s gone. If she doesn’t, do with it what you will.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: How long does someone have to pickup a deceased property left ?

The item is a storage shed in which i was told time an time again she was picking up its been 6 months. I have the proprty its on forsale can i assume ownership now.

Timothy Denison
Timothy Denison answered on Nov 23, 2019

Send her a letter giving her 30 days to pick up. If she does, it’s gone. If she doesn’t, do as you wish.

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Kentucky on
Q: My husband and I recently relocated to London Kentucky, we bought some property, one the deed.

Our deed and pictures showed 3.7 acres, with a creek and a waterfall. Well we had our property survided so that we could put a fence up. Well we just got our report and it only was surveyed at 2.4 acres. We feel we were misrepresented. Do we have any legal rights?

Timothy Denison
Timothy Denison answered on Nov 22, 2019

Possibly. Depends on the contract for sale and description and other documents. You may have an actionable fraud claim against the sellers.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Our brother is trying to get to be Executor of our fathers estate, but 5 out of 7 of us want to contest it. Kentucky

There were 8 children, one is deceased. There are now 7 of us, 3 full, and four stepchildren. We had different mothers. Our brother William is trying to get the court to grant him to be the executor over my fathers estate, and has told the court that it is only worth $1000. Our father died on... Read more »

Timothy Denison
Timothy Denison answered on Nov 9, 2019

You all appear at the hearing, advise the judge, and he will likely appoint a neutral party to oversee the estate.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: How difficult and time-consuming is it to contest a will ?

There are five siblings possibly four wanting to contest the will our sister withheld our mothers will and we haven't even got to see it

Timothy Denison
Timothy Denison answered on Oct 16, 2019

It is both costly and time consuming although split 4 ways helps with the cost.

2 Answers | Asked in Estate Planning for Kentucky on
Q: In Kentucky my husband dies leaving a will, our adult son is executor, he & I do not get along, he lives beside me..

The marital home has 2 apartments my deceased husband lived in one, me the other one. The estate has been open for 5 months, the Executor refuses me entrance to my husbands apartment, sons probate attorney removed himself as sons attorney, then after the son threatened my probate attorney, my... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 12, 2019

It is not clear exactly what your question is, but as you have an attorney representing you your best bet is to review your concerns with him.

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2 Answers | Asked in Estate Planning for Kentucky on
Q: How can I protect my estate and still provide for a drug addicted family member?
Michael K. Ruberg
Michael K. Ruberg answered on Oct 11, 2019

There are a few options available; however, a trust is one of the best options when estate planning for addicted relatives. There are several forms trusts to consider and each has pros and cons. A trust will enable you to put spending authority in the hands of a trustee who will control any... Read more »

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1 Answer | Asked in Estate Planning for Kentucky on
Q: Would like to keep inherited house but not inherited vehicle, both of which have loans.

I've inherited a few properties and a truck from my father. I am executor of estate and singular beneficiary. The house and the truck both have loans. I gave the truck back to the bank, thinking that would take care of that loan. They tell me I still owe 7000 from the truck loan. The estate... Read more »

Timothy Denison
Timothy Denison answered on Jul 24, 2019

Your best option is just to keep the vehicle and pay the loan. You are not personally liable for any of the debt, but the debt must be paid from the estate (or you) before you can distribute assets to yourself.

1 Answer | Asked in Family Law and Estate Planning for Kentucky on
Q: My sons father has passed the insurance company is requiring me (biologic mother) to get legal guardianship how/why

I dont know what it is I need to do but we have no money for court/lawyer

Timothy Denison
Timothy Denison answered on Jul 6, 2019

They require this to make sure the money is put into a blocked account for the child. You can go to probate court and do it on your own.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Mom passed away suddenly and without a will. Am I legally able to live in her house being her administrator?

Not only am I her administrator, im her only child and she has no surviving spouse. Can I live in her house if I make mortgage payments? Does the mortgage have to be in my name? And can credit card companies send her debts to collections and try to force me to sell the house just for a 4,000 debt?... Read more »

Timothy Denison
Timothy Denison answered on Jul 2, 2019

Same answer as other question.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: I have a question about becoming administrator of an estate

my biological mom passed recently and there was no will left. where I was adopted out of foster care I am wondering if the court won't grant me power of estate. Its just me amd my half-sister and she is a minor. nobody is contesting it. should I bring any documents like my original birth... Read more »

Timothy Denison
Timothy Denison answered on Jun 14, 2019

If her rights to you were terminated, you no longer have the right to inherit from her. If they were not terminated, then you can petition the Court to be appointed administratrix of her estate.

1 Answer | Asked in Estate Planning for Kentucky on
Q: How can a will be protested by myself and my 2 brothers? What type of attorney would I get
Timothy Denison
Timothy Denison answered on Jun 13, 2019

You would need a civil attorney who handles will contests.

1 Answer | Asked in Estate Planning for Kentucky on
Q: I live in Kentucky, husband died 5/2/19 our son is Executor of the estate, I was disinherited from the Will .

49 years of marriage with all property, automobiles, all assets in my deceased husbands name only, deceased husband left me only the right to live in the marital home, giving 4 automobiles to our son, a total of 2 houses on the 28.76 acres to our son, if I contest the will and ask for Dower in... Read more »

Timothy Denison
Timothy Denison answered on May 18, 2019

If you were still married, you are entitled to 1/2 the real property and 1/2 the personal property. You need to have an attorney look at this immediately.

1 Answer | Asked in Estate Planning for Kentucky on
Q: I am 73 wife 70 daughter handicapped what is best way to protect assets for her in Ky

Want to protect my assets for her, as she has none.

Timothy Denison
Timothy Denison answered on Mar 21, 2019

Well, first we would have to know what her assets are in order to address protecting them.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Elder Law for Kentucky on
Q: If there’s a joint will And one spouse dies Can the other spouse change the will or sell what was left to someone

She’s sold most the cattle and all the farm equipment which was lifted my dad . the land was divided between my aunt and my dad and it clearly stated in the will this portion go to my aunt and her son, and this portion go to my dad and his two sons I was 13 that was my home I was kicked out... Read more »

Timothy Denison
Timothy Denison answered on Mar 10, 2019

It depends on the will joint will reads. You should consult a probate and estate planning attorney who can review it and tell you how to proceed.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: What is my next step?

My sister passed in 2007. I was executor of her estate. She had no will and everything went to me and my brother and sister. Everything was done correctly and estate closed. Recently I discovered money on the KY unclaimed property site. what should I do?

Timothy Denison
Timothy Denison answered on Feb 26, 2019

File a motion to reopen the estate, get reappointed, then claim the unclaimed money, show equal division amongst heirs, have them sign off on it, then file a supplemental final settlement.

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