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Kentucky Questions & Answers
1 Answer | Asked in Probate for Kentucky on
Q: What do I need to expect when I go to attorneys office to receive my inheritance check?

What paperwork will they want me to sign? And can they refuse me my money if I choose not to sign anything other than a receipt for my money? If they refuse what steps do I need to take next?

Timothy Denison
Timothy Denison
answered on Nov 21, 2022

You shouldn’t have to sign anything other than a receipt that you have received the funds. If you don’t receive the funds, you will have to make a motion to hold the disbursing agent in contempt.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Kentucky Last Will directs payout for life insurance, conflicts life insurance beneficiary listed.

A Kentucky attorney created a will that details life insurance payout and how the funds should be used (split into 4 and used for school tuition etc.) The life insurance company only has one beneficiary listed, who happens to be the executor of the estate. There is an open probate case currently,... Read more »

Timothy Denison
Timothy Denison
answered on Nov 21, 2022

Life insurance passes outside probate unless the estate is the beneficiary. If the executor is the beneficiary, the proceeds should pass outside probate.

1 Answer | Asked in Traffic Tickets for Kentucky on
Q: Got pulled over in Hazard, KY for no insurance, no tags, and failure to wear seat belt. Will I go to jail?

Got pulled over back October 21st and the office gave me a ticket for no tags, no insurance, improper tags, and no seat belt. I’ve NEVER been in any trouble before. They wrote me up for improper tags because they put I was driving a 2012 dodge charger when in reality it was a 2010. ALSO my tags... Read more »

Leland Hulbert
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Leland Hulbert
answered on Nov 21, 2022

If you have no record it is very unlikely that you will go to jail. You can get a much better resolution on the cases if you end up getting insurance. I would ask the prosecutor for some time for you to obtain insurance on your car. The most important thing is you do not get caught again driving... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Kentucky on
Q: I was wondering, can someone sue a party, even if they put themselves in a situation where injury could occur?

I was watching some videos and was curious if person A could sue person B even if person A put themselves in a situation that they knew could possibly put them at risk of injury.

Tim Akpinar
Tim Akpinar
answered on Nov 20, 2022

A Kentucky attorney could advise best, but your question remains open for two weeks. It sounds like you are talking about the legal defense known as "assumption of risk." It depends on the particular circumstances. On cases where the defense is raised, the conditions can be fact-specific. Good luck

2 Answers | Asked in Criminal Law for Kentucky on
Q: Can a warrant be withheld, unknown to the person on probation, until his probation is up, then serve him with it ?

Is it legal to have the opportunity to serve a warrant, but withhold it for over a year?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Nov 20, 2022

It depends on the circumstances. If someone like your probation officer who knows your whereabouts and sees you every month has the warrant and doesn’t serve it on you that would be an issue. If someone has been trying to find you for a year but could not find you that would be a different issue.

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2 Answers | Asked in Adoption and Family Law for Kentucky on
Q: How do you file a contempt order in Kentucky family court pro se?

other parent is not following orders given by the court. Any other motions I should file? Please provide the court form number if possible, want to make sure all the paperwork is correct.

Taniesa Velez
Taniesa Velez
answered on Nov 19, 2022

File a motion for contempt and cite the order the parent is violating. You can find any available self help forms online on the Kentucky website. You can also visit the Jefferson county family court clerks office and request the same.

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1 Answer | Asked in Consumer Law and Real Estate Law for Kentucky on
Q: I toured an apartment and began the process of the application process through their website.

I was not asked to pay any application or reservation fees at the time. I also never finished the application process (did not provide pay stubs or pet information) and backed out mid-way through because I decided on another location. The leasing office told me (in writing) I did not owe them any... Read more »

Timothy Denison
Timothy Denison
answered on Nov 18, 2022

You don’t owe them any money (unless you signed something agreeing to pay) so do t pay them any money. It’s not worth look egss as l action at this point but you might want to write them a letter saying debt not owed.

3 Answers | Asked in Criminal Law for Kentucky on
Q: My boyfriend is in jail in ky waiting to be inditment and his 60 days will be up on Thanksgiving when will released
Jonathan Hodge
Jonathan Hodge
answered on Nov 18, 2022

If a defendant has been held to answer, without being indicted, for longer than 90 days from the finding of probable cause, the circuit court shall, upon motion, order discharge of a defendant from custody. The problem in your scenario is that his 60 days expires on a court holiday. If such a... Read more »

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1 Answer | Asked in Domestic Violence for Kentucky on
Q: Dropped the epo on my ex. She inreturn gets one on me the next day. Stole my car and I can’t report it because of epo?
Timothy Denison
Timothy Denison
answered on Nov 17, 2022

You can and should report it immediately. Reporting a crime is not a violation of your epo.

1 Answer | Asked in Adoption for Kentucky on
Q: I have custody of my 14 year old niece. How would I go about adopting her?

I’ve had my niece for about 4 years. Her father is incarcerated and her mother walked away from her. She was abused in different ways. I’d love to make her officially my daughter. Just don’t know how to do it.

Timothy Denison
Timothy Denison
answered on Nov 17, 2022

You would need to file a petition for adoption in the county in which you reside.

1 Answer | Asked in Family Law for Kentucky on
Q: My girlfriend is 17 and her dad is homophobic and verbally abusive. Is their anyway I could help her get out of there?

We have been together for almost 9 months and he still yells at her and try’s to make up things about me to her. He once compared me to him being friends with someone who did drugs. Talking about how you had to let them go. We are both 17 and live in Ky. What can I do to help her?

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

No. The only thing you can do is make a CPS report and then see what happens.

1 Answer | Asked in Probate for Kentucky on
Q: I had a lawyer. When I asked for him to file a motion for me and he would not do it for me

I went and filed it anyway on my own. After I filed the next day I fired my lawyer. Is there any repercussions against me for doing this? And the judge has not signed off on the order to release my attorney and it has been two weeks since I filed this and fired my attorney. I have a court date this... Read more »

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

No. Just go to the hearing and tell the judge your questions or concerns and get a response. No repercussions.

2 Answers | Asked in Criminal Law for Kentucky on
Q: What is the likelihood of getting shock probation for a first time offender?

N/a

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Nov 15, 2022

Shock probation can only be granted once the person has been in prison for 30 to 180 days.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: What is the likelihood of changing the outcome of a parole decision when challenging the decision?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Nov 15, 2022

It is highly unlikely there will be a change to a parole board ruling.

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2 Answers | Asked in Criminal Law for Kentucky on
Q: How long does it usually take for someone’s shock probation to get reviewed and then them get out?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Nov 15, 2022

It depends on the Judge and the County. Typically one week to one month.

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1 Answer | Asked in Estate Planning for Kentucky on
Q: After my husband's passing 10 years ago do I have to leave them anything in my will at my passing they never visit call

Or anything unless to start drama. They say I have to have my home sold and divided equally with them as he and I had 8 children we adopted plus 3 of ours together I have paid every payment tax and insurance on the house the last 10 years. Alone and still owe 8 more years on it

Nina Whitehurst
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Nina Whitehurst
answered on Nov 15, 2022

As a general rule, you do not have to leave anything to anybody in your will if you don't want to, unless you have entered into some kind of contract that says otherwise (some people do). But that is not the end of the inquiry. The question is whether you own the house 100% solely in your... Read more »

1 Answer | Asked in Adoption and Family Law for Kentucky on
Q: What is the first step in reversal or returning adoptive child back to foster care?

Fraud on part of CPS (withholding information about child)

Child is out of control.

Pro bono legal help.

Timothy Denison
Timothy Denison
answered on Nov 14, 2022

File a motion to set aside the adoption and return the child to foster care.

1 Answer | Asked in Family Law for Kentucky on
Q: What Can be done when a Judge in ruling documents testimony from a witness incorrectly?
Timothy Denison
Timothy Denison
answered on Nov 14, 2022

Make a motion to correct the testimony snd give the judge the opportunity to correct it before any further action.

1 Answer | Asked in Probate for Kentucky on
Q: Who would I ask to speak to at courthouse to see if final settlement is formal and not informal?

If is not been filed formal what steps do I need to get this filed formal? And if it is formal and there is information not on the final settlement what steps do I need to take to make sure everything is listed? Thank you

Timothy Denison
Timothy Denison
answered on Nov 13, 2022

The district court probate clerk. Unless everyone signed a waiver of settlement, it must be file formally.

1 Answer | Asked in Car Accidents for Kentucky on
Q: I was in a accident yesterday and they may total my car my payoff is like 6033.00 the estimate was 4081.

How will I get a vechile

Timothy Denison
Timothy Denison
answered on Nov 13, 2022

First, you need to get several estimates do that you can get the highest value possible to pay off your car and not have a shortfall. Next, if you had any injuries, you need to consult a pi lawyer about your damages. Finally, you may get an injury settlement that will help you get a new car.

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