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Kentucky Estate Planning Questions & Answers
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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1 Answer | Asked in Estate Planning for Kentucky on
Q: Mom wants to leave her house to we three children, stipulating that it can then only be sold if all three agree.

Is this possible? I've moved in with her as she needs a caregiver. I want to continue living here after her death. Can my two brothers override my preference not to sell? Can mom stipulate that I'm to be allowed to live in the house? What inheritance costs will we each have? Appraisal is... Read more »

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

There ARE ways to insure this happens as you've described. It will not be possible with a 'simple' gift however. Your MOTHER (assuming she owns the house as her sole property) should consult with a local estate planning lawyer to determine what combination of ladybird deed, trust... Read more »

1 Answer | Asked in Animal / Dog Law and Estate Planning for Kentucky on
Q: my boyfriend had a dog a month prior to us dating I helped take care of her for 6months and he passed away.do I keep her

The papers and tags are all in my name and vet bills. Can the executor of his estate get her or do I get to keep her? Me and him lived together the entire time we dated.

Kenneth V Zichi
Kenneth V Zichi answered on Apr 13, 2017

If the dog has 'papers' that would be essentially the 'title' to the animal. If it is in your name, the dog is yours. The fact that the license is also in your name solidifies that more.

It is YOUR dog, not your boyfriends no matter who 'thought' they owned the dog.

1 Answer | Asked in Estate Planning for Kentucky on
Q: My grandparents will is being contested. My dad is the beneficiary but he lost his lawyer. Does he need to have one?

My dad is the only beneficiary on the will but its being contested by his half brother. If my dad has no lawyer Is there a chance at his half brother getting half of everything?

Kenneth V Zichi
Kenneth V Zichi answered on Feb 17, 2017

Let me answer this question by asking another question. Your dad has to have his appendix removed. He just lost his surgeon. Does he need to have one or can he 'do it himself'. It is a simple operation after all.

ANYONE having a challenge in court needs to be represented. EVEN AN...
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1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Mom and Dad own home jointly in KY for 11 yrs; mom dies with no will (3 living children). Does house go directly to Dad?
Ben F Meek III
Ben F Meek III answered on Feb 7, 2017

If Mom and Dad own the home as joint tenants with right of survivorship (which would be reflected in their Deed), the house would pass to the surviving joint tenant (Dad) directly. It would not be controlled by her will or lack thereof. If, however, Mom and Dad own the house as Co-tenants, the... Read more »

1 Answer | Asked in Estate Planning for Kentucky on
Q: Is my will and power of attorney I had done when I lived in Georgia, valid in KY?
Ben F Meek III
Ben F Meek III answered on Jan 16, 2017

Hard to say. Very generally speaking, if they were valid in Georgia when you executed them, they are most likely valid in Kentucky. Most states' laws recognize the validity of documents validly executed in other states. There are, however, ways in which Kentucky's laws may affect their... Read more »

1 Answer | Asked in Estate Planning for Kentucky on
Q: In the state of Kentucky is step children considered children as heirs of estates? Do they have to be included in Wills?
Ben F Meek III
Ben F Meek III answered on Jan 14, 2017

Step-children that are not adopted before age 18 are not considered heirs. They can inherit shares of a decedent's estate if he adopted them or provided for them in his last will and testament.. They do not have to be included in a will. In order to let the world know that the testator was... Read more »

1 Answer | Asked in Estate Planning for Kentucky on
Q: can a Last joint and mutural will be changed after one spouse passes away

I am needing some advice on a will that was made between my parents back in December of 2010 when they both was in good health and sound mind unlike this past year has been. there's a lot of details but more less my question is if that's the type of will they had together can my father... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 6, 2016

He cant change it retroactively, but any property that went to him, yes he can change what is done with it unless there's some special provision I don't know about. Why not take a copy of the original to an attorney and let them look it over and tell you.

1 Answer | Asked in Family Law and Estate Planning for Kentucky on
Q: living trust

I live in a house left to my son in a living trust if he marries and then divorces is my house in jeapordy in a divorce settlement and is there any legal way I can force a pre-nupt agreement ??

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 1, 2016

Yes, it is possible that, in a divorce, his wife would be able to receive some interest in the house.

You cannot force them to enter into a prenuptial agreement. But, if the trust is revocable, you could revoke it and redo the trust so as to avoid her acquiring any interest in the...
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1 Answer | Asked in Estate Planning for Kentucky on
Q: May family members divide property that by the provision of the last will is to be distributed equally among surviving

Children and said property

is not named in the will , before the will goes through probate?

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 11, 2015

It is unclear what you are saying: was the property identified in the will or not? If not, it would pass by the "residuary clause", if any.

Unless it is distributed by the personal representative appointed by the probate court, the distributes will not have clear title....
Read more »

1 Answer | Asked in Estate Planning for Kentucky on
Q: Do I have to have a lawyer to file a life time estate form with the county clerk?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 25, 2015

It is always best to have an attorney when you are considering any real estate transaction.

1 Answer | Asked in Estate Planning for Kentucky on
Q: I am 1 of 5 people named in a relatives will as beneficiary .the will plainly states that it will be decided

The will lists by name 5 of us and states that if any are deceased that share goes back in to be split between the ones living. One of the 5 died after the person making the will and the will was still in probate. So what should happen to that 5th person who is deceased's share. Does it go... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 12, 2015

Normally statutes of this nature make a distinction between the situation in which the heir dies BEFORE the decedent and the situation in which the heir dies AFTER the decedent. If the heir died AFTER the decedent (the person who made the will), normally the heir's estate (or that... Read more »

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