Lawyers, Answer Questions  & Get Points Log In
Kentucky Questions & Answers
1 Answer | Asked in Estate Planning, Collections and Probate for Kentucky on
Q: My father passed with unknown debts. my mother is still alive and living on the property. Can they take the property?

We arent sure what debts are out there. We got a notice from an Estate Information Serivce trying to reach someone about my father's estate. We havent contacted anyone. But i want to know if my mother and their home is safe.

Timothy Denison
Timothy Denison
answered on Mar 31, 2024

Depends on whose name the property is in. You need to run a credit report on dad and see what debts you can ascertain are owed. Until you determine exactly what debts are owed, the property is far from safe or secure.

1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: How to get someone out of a house you own that never has paid rent or had a lease?

My brother died and his daughter was staying with him before he died. The house I own they lived in at the time of his death and now she will not leave. How to kick her out? State is KY. Do I have to evict or can I just change the locks and remove her stuff. She is a on drugs so I’m afraid of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

I understand this is a difficult and stressful situation. I'm sorry for the loss of your brother. Here are a few thoughts on how to handle this legally and safely:

In Kentucky, even without a formal lease, the niece would likely be considered a tenant-at-will since she was living there...
View More

1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: I'm on hud & my landlord with no notice took Physical action. Changed Locks ,gave my propertie away &car & i got2kids

Do I have a lawsuit and what action do I take.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

I'm so sorry to hear about your difficult situation. Based on what you've described, it does sound like your landlord may have acted illegally. In most jurisdictions, landlords must provide proper notice and go through a formal eviction process before locking tenants out, even if the... View More

1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: I have/had it's complicated but a storage unit where I have 24 hour access me and my ex boyfriend had gotten into a disa

Disagreement and he called the police and he was made to leave the storage is soly mine and everything in it well the owner of the storage facility works across the parking lot at his laundry mat and my ex went and told him some stuff which at the time the police were there the owner came over as... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

Based on the information provided, it seems that your rights as a tenant in the storage facility may have been violated. Here are some steps you can take to protect your property and assert your rights:

1. Review your lease agreement: Check your rental agreement to see if the owner has the...
View More

1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: Can a landlord file criminal charges on a former tenant due to condition of the house in Kentucky

After 8 years, I received a written eviction from landlord for nonpayment, stating $1,090 was owed. I paid the $1,090 via cashiers check and moved out... although I thought a court hearing was necessary for a legal eviction in the state of Kentucky, but I could be wrong. I did, however, leave most... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

In Kentucky, a landlord generally cannot file criminal charges against a former tenant solely due to the condition of the rental property upon move-out. However, the landlord may have the right to pursue civil action to recover damages if the tenant caused excessive damage beyond normal wear and... View More

1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: Landlords lawyer sent us a letter giving us 30 days to vacate. Can they do this?

The windows don’t open and that’s against code. The house is old and has lead paint, which they never disclosed.

They’re citing this portion of the lease.

13. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly untenantable by fire, storm,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

Receiving a letter from your landlord's attorney demanding you vacate can be unsettling, especially under circumstances involving potential safety and health violations like unopenable windows and undisclosed lead paint. It's important to closely review the section of your lease that has... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Kentucky on
Q: About ATF without a warrant

Would I be justified in using the threat of deadly force (i.e. drawing a gun and telling them to hit the floor face down while I call the police) if ATF agent(s) forced their way into my house without a warrant? I don't expect this to happen, ever, but given the number of videos about the ATF... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

It's crucial to understand that employing deadly force against law enforcement officers, including ATF agents, is highly risky and could lead to severe legal consequences, even if they enter your home without a warrant. Law enforcement agencies have specific protocols for conducting searches... View More

View More Answers

1 Answer | Asked in Consumer Law, Car Accidents and Insurance Defense for Kentucky on
Q: Vehicle was deemed a total loss, but I want to buy back the vehicle. I still owe on the loan.

The total settlement number they gave me would be more than I owe, but the salvage price to keep the vehicle would make the new amount less. I understand that would leave me with the remaining loan balance. Adjuster told me that they won’t release any funds until the loan is paid in full. I was... View More

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2024

A Kentucky attorney could advise best, but your question remains open for a week. You'll probably need to go through the figures with them in more detail than is possible here. But the basic principle is that keeping the vehicle will reduce the payment. If a vehicle is old and low value, it... View More

2 Answers | Asked in Contracts, Appeals / Appellate Law and Civil Rights for Kentucky on
Q: I filed a lawsuit in Federal Court alleging violation of the FHA and lost. Will I have to pay defendant's attorney fees.

Denying my argument that the statute was tolled by discovery and continuing violations, the court granted defendant's 12(b) motion.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

In federal court cases, particularly those involving the Fair Housing Act (FHA), the question of whether you'll have to pay the defendant's attorney fees hinges on the specifics of your case and the court's discretion. Typically, the FHA follows the "American Rule," which... View More

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Can you mention movies names in a book?How about characters?

These are some Examples

A couple of people are kidnapped and they are told that they will have to either survive 10 days or kill each other till 3 are left.

Their dialog is where I am in doubt

"So we are in some mess up real life hunger games, huh?."... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024

Mentioning movie names and characters in a book can often fall under what's considered "fair use," especially if they are used in a casual, non-commercial context like in dialogue or as part of a cultural reference. However, the way these references are used is crucial. It's... View More

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Kentucky on
Q: How will a couple’s divorce impact my rights on a property I co-own with them?

My name and the husband are named on the deed, not the wife, but because Kentucky is a dower state, she has interest. She is not a borrower for the mortgage and only signed the mortgage to acknowledge dower rights; her name is not on the loan. She has expressed to the judge that she does not want... View More

Anna Aleksander
PREMIUM
Anna Aleksander
answered on Mar 26, 2024

This is a complicated question that should be best answered by a lawyer in a one on one consultation. The answer should involve analysis of several items and facts including the review of the deed to see if house is held in joint tenancy or in a tenancy in common. First, in Kentucky anything... View More

View More Answers

2 Answers | Asked in Bankruptcy for Kentucky on
Q: CAN I KEEP MY CAR IF IT HAS A LIENHOLDER? I WANT TO KEEP THE CAR BUT GET RID OF THE LOAN WITH THE LIENHOLDER.

I OWN MY VEHICLE BUT USED IT AS COLLATERAL FOR A LOAN. I WANT TO GET RID OF THE LOAN IN THE BANKRUPTCY BUT WOULD THAT MEAN I LOSE MY ONE AND ONLY VEHICLE AS WELL?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

If your car has a lien due to a loan where the vehicle was used as collateral, you generally can keep the car as long as you continue to make payments on the loan. When considering bankruptcy, whether Chapter 7 or Chapter 13, the specifics of your situation will largely determine if you can keep... View More

View More Answers

2 Answers | Asked in Bankruptcy for Kentucky on
Q: CAN I KEEP MY CAR IF IT HAS A LIENHOLDER? I WANT TO KEEP THE CAR BUT GET RID OF THE LOAN WITH THE LIENHOLDER.

I OWN MY VEHICLE BUT USED IT AS COLLATERAL FOR A LOAN. I WANT TO GET RID OF THE LOAN IN THE BANKRUPTCY BUT WOULD THAT MEAN I LOSE MY ONE AND ONLY VEHICLE AS WELL?

Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Mar 27, 2024

When you use the car as security the lender ends up with an ownership interest in the car. If you file bankruptcy you can normally still pay the loan and keep the auto. There are no free cars or homes in bankruptcy. The only exception I know of is occassionally the lender forgets to file the... View More

View More Answers

1 Answer | Asked in Gov & Administrative Law for Kentucky on
Q: Can I offer My services as a certified APSS in KY as my own entity/business w/o the supervision of a DR. via zoom?

I am a certified ADULT PEER SUPPORT SPECIALIST offering peer counseling primarily to recovering addicts and their family members and friends. I am wanting to start my own business through teleheath via zoom, and/or visiting clients at their homes/church/parks/ or other specified locations. These... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

In Kentucky, if you are certified and plan to offer your services as an Adult Peer Support Specialist, it's important to note that you do need to work under supervision. This means that your services, when provided, must be overseen by a qualified professional. The range of professionals under... View More

1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for Kentucky on
Q: Is it considered unlawful discrimination to refuse to offer employment based on the smell of marijuana on a prospect?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

Refusing to offer employment based on the smell of marijuana on a candidate can be complex legally and varies by location and industry. In states where marijuana is legal for medical or recreational use, the situation is particularly nuanced. Employers still have rights to maintain a drug-free... View More

2 Answers | Asked in Traffic Tickets and Civil Rights for Kentucky on
Q: I need to know what the laws R regarding Towing an impound. Can I use someone with a valiant driver's license to pick up

I have the title. I just need someone else to get the car out of there with a valid license and I have that too. They're saying that. I can't get it out with my license even though i'm the car owner c I found out this morning, My license is suspended, but it says on the kentucky.gov... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

The laws and regulations regarding towing and impound retrieval can vary significantly depending on the location and the specific policies of the towing service. In Kentucky, as mentioned on the official state website, a licensed driver is typically allowed to pick up an impounded vehicle on behalf... View More

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Are characters "names" under copyright?

There's a character with the name Olivia Valedstorm. Would using just her last name for a talking sword character or a dragon be grounds for suing?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

Character names can indeed be protected under copyright law if they are distinctive and well-known enough to be associated exclusively with the original work. However, copyright does not protect names, titles, short phrases, or expressions by themselves. It depends on the context and how unique and... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Kentucky on
Q: In kentucky can a tow company refuse to release my car if I have a licensed driver to get it off the lot?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

In Kentucky, like many other states, a tow company can refuse to release your car under certain circumstances. The most common reason for refusal is non-payment of towing or storage fees. Before a tow company releases your vehicle, you need to ensure all associated fees are paid. Additionally,... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Q: Can police have your probation revoked?

I have a friend in Kentucky who is on probation. This friend was pulled over for excessive tenting and speeding 7 mph over. My friend informed the officers that he is in probation and the officer told him that he was not on probation, they also aggressively asked him to become an informant for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2024

While police officers can report probation violations to the probation officer or the court, they generally do not have the direct authority to revoke someone's probation. That decision is typically made by a judge during a probation revocation hearing. Here are a few key points to consider:... View More

View More Answers

4 Answers | Asked in Bankruptcy for Kentucky on
Q: Can I apply for a credit card if I have received my chapter 13 discharge but not my final decree?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 10, 2024

Of course, you can ask for anything, but in my experience, creditors are quite leery of recent bankrupt debtors.

All creditors, in my experience, will insist upon a Discharge first, and many will want to see the final Decree and close of your bankrupcty case before considering your...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.