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Kentucky Estate Planning Questions & Answers
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.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Is a will legal in Kentucky, if the testators signature is misspelled 2 times?

My grandmothers will was executed by her nephew and his lawyer.they brought the will to the hospital when she was in ICU and she misspelled her name 2times.is there also undue influence because the majority of her estate benefits him and his brothers and sisters(17 ofthem) and I never met one of... Read more »

Timothy Denison
Timothy Denison answered on Feb 3, 2019

If she was in Her right mind when she signed it, the signatures are valid, misspelled or not. However, the undue influence claim will have to be determined in a will contest action. Check with her physician, who will be in the best position to tell you whether she was capable of signing a will... Read more »

1 Answer | Asked in Estate Planning for Kentucky on
Q: mother died in Ky interstate. father is living and 4 children. She owned a trailer. Does the Trailer go to dad or kids
Timothy Denison
Timothy Denison answered on Dec 26, 2018

Half to father and half to 4 kids.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Who gets what when second wife has prenup and opposes will?

My grandfather recently passed away. He was an Alzheimer's patient. His second wife was able to convince him to add her name to his various items of his estate but his will dictates that his truck goes to my father. The second wife's name is added to the title and she opposes the will... Read more »

Timothy Denison
Timothy Denison answered on Oct 19, 2018

Depends on the terms of the will as well as whether a will contest has been filed.

1 Answer | Asked in Estate Planning for Kentucky on
Q: If a person does not have a will, where do you start with his estate? He has two living sons.
Timothy Denison
Timothy Denison answered on Oct 7, 2018

Look at KRS 391.010, et seq., which sets out who gets what if there is no will.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: Can student loan creditors take your home or vehicle?

My father has stage 4 cancer. And a lot of credit card bills. The bills are more than the mobile home and car are worth. By maybe 10 grand. I have lived here with my father for years and want to remain here after he passes. We're scared that when he passes the credit card companies will take... Read more »

Timothy Denison
Timothy Denison answered on Sep 16, 2018

Consult a competent bankruptcy attorney. More info is needed, but from your narrative above, it sounds like your dad could file bankruptcy and keep his property while discharging his debt.

1 Answer | Asked in Estate Planning for Kentucky on
Q: My father had a will that was never probated, but my stepmother sold the house and land that was in his name. How?

We got nothing. She hasn't filed for probate and is running off with all his money including insurance

Timothy Denison
Timothy Denison answered on Sep 16, 2018

IF you have a copy of the will, you can open probate on it. It may have not been a favorable will for her, so the will disappeared. More investigation is necessary to determine the proper course of conduct.

1 Answer | Asked in Probate, Public Benefits and Estate Planning for Kentucky on
Q: My mother has Alzheimer's disease and she willed her two retirement accounts to me some time ago. When should I send it

When should I send a copy of the will?

Timothy Denison
Timothy Denison answered on Aug 18, 2018

You should send it now bc some other documents my need to be executed while she is still alive.

1 Answer | Asked in Estate Planning for Kentucky on
Q: If my husbands parents left their property to the 3 children (2 separate properties)

1 property went to 2 of the siblings which they sold and took half each. They other property was deeded to my husband and I from the siblings and their spouses. If my husband passes away am I entitled to the property

Timothy Denison
Timothy Denison answered on Jul 5, 2018

Most likely, yes, depending on the terms of the deed.

1 Answer | Asked in Estate Planning for Kentucky on
Q: In settling a small estate in Kentucky, under $15,000, do I have to advertise to creditors for the deceased?
Timothy Denison
Timothy Denison answered on Jun 28, 2018

Yes. If any debts are owed by the decedent, notice should be given to the creditor. However, if the estate size is $7,500 or less, it may be possible to dispense with the administration of the estate.

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Kentucky on
Q: Would a quitclaim deed help in my case?

My husband is a compulsive gambler and has accumulated tons of debt. I just found out that he put one of my cars in collateral for a $3000 loan from a stranger. We purchased our home last year, his name is on the deed but not the mortgage. I would like to prevent him from ever losing our home. How... Read more »

Timothy Denison
Timothy Denison answered on Jun 4, 2018

Have him uitclaim his interest in the marital property to you immediately.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: If my mom was an heir on grandma will and mom passed away before grandma would I be entitled to Mom's part of the estate

The will say to split the estate between my mom and her 2 brothers but since mom passed away before grandma and she never removed mom from the will would I be entitled to Mom's part of the estate?

Timothy Denison
Timothy Denison answered on May 17, 2018

Possibly. The language of the will would determine who inherits in that situation. If the will says per stripes, then your moms share would pass to you and your siblings, if any. If the will says per capita, then your mom’s share would be divided between her siblings and you and your siblings... Read more »

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Inherited land has a mobile home on it, not to be inherited. What do I do?

My grandfather’s original will stated that his mobile home and the 5 acres of land it sat on were to be inherited by his daughters after his girlfriend (of 20 years) dies. She was to be able to live out her days there. He married her shortly before his death solely so she could receive his... Read more »

Timothy Denison
Timothy Denison answered on Apr 23, 2018

Depending on what the new will says, the new wife may take under the new will. Once they married, it became a whole new ballgame. Once she marriedto him, she is entitled to at least 1/2 of the realty and 1/3of the personalty. If she gets that under the new will, fine. If she doesn't, she... Read more »

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Must a KY will that leaves nothing to the children mention the children? If it doesn't is it contestable?
Randall R. Saxton
Randall R. Saxton answered on Mar 14, 2018

In most states, there are laws that say children who aren't mentioned in a will can petition for a portion of their parents’ estates to prevent accidental disinheritance. Because of these laws, a testator should specifically mention a child they want to disinherit.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My father just passed away with no will. He has a house with a mortgage every month and a car. What should I do?
Ben F Meek III
Ben F Meek III answered on Feb 8, 2018

If you want to keep the house in the family, you'll have to keep the mortgage paid or pay it off. In order to pass title from your father, you'll most likely have to complete a probate proceeding. Most states have summary or abbreviated proceedings for small estates -- less time... Read more »

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My grandma passed away in 1996 and her will is still in vault in Louisa ky. Never probated never opened can I still?

Is it too old or can I still open it? Has state took everything?

Joseph Jaap
Joseph Jaap answered on Dec 28, 2017

Use the Find a Lawyer tab and retain a local attorney in Louisa, KY to discuss whether there is any reason for you to open the estate, such as the transfer of real estate.

1 Answer | Asked in Estate Planning for Kentucky on
Q: If husband was given a gun, and he wills it to his wife, can the giftor reclaim the gun bc gift was solely for him?

Giftor was deceased husbands father.

Kenneth V Zichi
Kenneth V Zichi answered on Oct 18, 2017

If the gift was made without conditions then it is the gift taker's property from that point forward and he can do with it whatever he wants, including giving it to someone else regardless of how the original gift giver feels about that.

Any 'conditions' (eg -0- this is for...
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