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Kentucky Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Kentucky on
Q: My father's estate is completely settled. Can you issue funds early and does a judge have to issue the funds?
Timothy Denison
Timothy Denison
answered on Mar 27, 2021

You can issue some funds early. Decision is up to Executor, not judge.

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Kentucky on
Q: Can an elderly person sell their home to family if they are already in nursing home paying privately?

Grandmother wanted to give me home before she had a stroke and had to go to nursing home. Can she still sell me the house from the nursing home? I keep telling her I don't want to get into legal trouble. I am her power of attorney we are paying for her care out of pocket so medicaid is not... View More

Timothy Denison
Timothy Denison
answered on Feb 26, 2021

Yes, presuming she is in her right mind and still wanting to transfer the house to you. I would NOT use the power of attorney to sign for her if she is of sound mind and can sign herself bc the POA use reeks of undue influence (even if there is none).

2 Answers | Asked in Estate Planning for Kentucky on
Q: How do I transfer my deceased mother's vehicle out of her name in KY? She had no will and I'm her next of kin (daughter)

The circuit clerk said to get an "order of distence" when I called about that I was told to get legal advice.. there is no estate to be executor to. She only had a bank account and car

Ben F Meek III
Ben F Meek III
answered on Jan 12, 2021

Most states have what are called "small estate affidavits" or "affidavits of heirship" or similar. If

you qualify to use them, they can help avoid having to file a probate case with the courts. Generally, you have to be an heir of the owner that has died, no probate...
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1 Answer | Asked in Estate Planning for Kentucky on
Q: My uncle passed away in June. He had no will. I received a check made out to his estate in care of me. What do I do

He resided in a nursing home and his 2 kids however they don’t hve anything to do with him and his daughter has a pending case against her for stealing his money and not paying his rent as well as selling his vehicle. I also informed his son I have received the first check which is not care of me... View More

Timothy Denison
Timothy Denison
answered on Nov 30, 2020

Open an estate and have yourself appointed Administrator so you can handle his affairs.

1 Answer | Asked in Estate Planning for Kentucky on
Q: What are residence requirements in KY to be executor of will, successor trustee of trust, financial power of attorney?
Timothy Denison
Timothy Denison
answered on Nov 28, 2020

There are no residence requirements but you must designate a service of process agent inside the state if you are a non-resident.

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... View 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... View 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... View 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... View 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... View 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... View 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
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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... View 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

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