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Questions Answered by Timothy Denison
1 Answer | Asked in Family Law for Kentucky on
Q: My sister had my mother add her and her husband on the deed to my mothers home. My father passed away several years ago.

Is there anything legally I can do if or when she passes away? Thanks

Timothy Denison
Timothy Denison
answered on Sep 4, 2023

You need to do it now. If your mother is disabled or unduly influenced, you need to challenge it while she is still alive. If she made the decision to add the husband of her own free will, then there’s not much you can do.

2 Answers | Asked in Civil Litigation for Kentucky on
Q: Kentucky. In federal court. Do damages of over $75,000 have to be claimed if the complaint is not a diversity question?

If someone files a complaint in fed court on a federal question 28 U.S.C. § 1331, do they have to meet the $75,000 in damages as in a diversity case? Or can the complainant ask for less?

Timothy Denison
Timothy Denison
answered on Aug 28, 2023

No. Federal question doesn’t require any amount. Diversity requires $75,000 in controversy.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: Does filing first for custody and has physical custody mean that parent will win their custody wants?

Non-married parents. previous case with cabinet but ended with custody returned to both parties, with no parenting schedule. M. has had child majority of time til about 1 year where time was split equal. But we are going to court and I didnt file first and now our child is in his physical custody.... View More

Timothy Denison
Timothy Denison
answered on Aug 27, 2023

No. Filing first simply means you filed first. The custody will always be decided on the merits snd never on who filed first.

1 Answer | Asked in Adoption for Kentucky on
Q: How do I find out if my name has been forged on adoption paperwork for my child? And how do I go about doing something?

My mother has already had a similar case on her. And my brother and sister in law said she tried to get them to sign my name.

Timothy Denison
Timothy Denison
answered on Aug 27, 2023

You’ll have to petition the court in which the adoption was granted to open it up so you can see the records.

1 Answer | Asked in Contracts and Family Law for Kentucky on
Q: If you sign an admission to a hospital for someone using Power of Attorney, do you become personally liable for billing

I am providing POA for one of my children. I am concerned that if I am unable to sign myself into the hospital during an emergency and they sign me in as my POA and I die, will they be liable for any of my expenses instead of my estate

Timothy Denison
Timothy Denison
answered on Aug 25, 2023

No. You will remain the liable party regardless if you signor they dign as POA

1 Answer | Asked in Civil Litigation and Civil Rights for Kentucky on
Q: Kentucky. In federal district court can a Plaintiff seek a ruling without seeking money damages?

In state circuit court a clerk refused to file my complaint with IFP in violation of statute and case law. That resulted in my case being dismissed. If I file a fed complaint, will I have to ask for monetary compensation for damages? Or can I ask for just a ruling on whether the clerk violated my... View More

Timothy Denison
Timothy Denison
answered on Aug 25, 2023

In federal court, you can ask for a declaratory judgment without asking for damages.

1 Answer | Asked in Traffic Tickets for Kentucky on
Q: I'm on one-year divert ends mid September. I got pulled over in end of August court date October do I have to pay both

I'm on a one-year ends mid September. I got pulled over end of August court date. Ismy until October do I still have to pay both tickets? Or is my one year divert good

Timothy Denison
Timothy Denison
answered on Aug 25, 2023

The one year diversion may be terminated (or not) bc of the new ticket. You probably need a lawyer to handle both and resolve both to avoid possible license and insurance issues.

3 Answers | Asked in Bankruptcy for Alabama on
Q: If my chapter 13 bankruptcy gets dismissed can trustee take my real estate even though it’s not included in the case?
Timothy Denison
Timothy Denison
answered on Aug 21, 2023

If you own real estate, it’s included in the case.

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Firearm rights

Can I purchase a firearm after a domestic violence order (DVO) has expired 12 years ago in the state of Kentucky? I do not have any other firearm prohibitions. Can a DVO be expunged from your records?

Timothy Denison
Timothy Denison
answered on Aug 21, 2023

Yes you can purchase a firearm. A dvo cannot be expunged from. Your civil record.

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1 Answer | Asked in Adoption and Family Law for Kentucky on
Q: Decieved about pregnancy girlfriend placed baby up for adoption.

My girl was a surrogate for her sister and husband by artificial insemunation.

Years later was informed it was my child. They all pretended it was a surrogate birth however it was not.

I was purposely lied to because girlfriend did not want to raise another baby.

It's... View More

Timothy Denison
Timothy Denison
answered on Aug 20, 2023

No. You do not have any paternal rights. You. Need to move fast and file a fraud lawsuit against st everyone invoked. Your time starts to fun on the day after you discovered they had defrauded you.

4 Answers | Asked in Bankruptcy, Civil Litigation and Employment Law for New York on
Q: A startup declared bankruptcy when it was time to pay me and 14 interns, what can we do?

Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.

Throughout our... View More

Timothy Denison
Timothy Denison
answered on Aug 15, 2023

They could be. Yes. You need to file a proof of claim for the wages in the bankruptcy. You should also consult a bankruptcy lawyer regarding a possible adversarial proceeding based on fraud that you might file against the company within the bankruptcy.

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2 Answers | Asked in Bankruptcy, Divorce, Foreclosure and Collections for Vermont on
Q: I filed bankruptcy, got a divorce and my ex stayed in the house. It went into forclosure. I'm just now, 10 yrs later,

Getting a "bill" from money I owe from the forclosure. Is this legal? After bankruptcy, divorce and 10 yrs I have to pay a bill (including interest) of 78,000 dollars!?

Timothy Denison
Timothy Denison
answered on Aug 13, 2023

The house debt should have been included in your bankruptcy. Secondly, your divorce agreement should have provided that when he got the house, he held you harmless on the debt and and indemnified you in the future. Get copies of your bankruptcy and your divorce files snd get them go your... View More

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1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: Does the law enforcement decide if the abuser of domestic violence goes to jail? Or are there certain protocol and laws.

My ex boyfriend tried to kill me few weeks ago. As he stated he was going to before beating me with a rock and other objects. Law was notified when I came to, and they took pictures and everything. My question is why was he not arrested? I've filed for charges. They have not started... View More

Timothy Denison
Timothy Denison
answered on Jul 23, 2023

Generally, law enforcement makes the decision and the abuser is arrested. You may want to get some investigative reporters and make this known. You may also want to go to your county attorneys office and take a criminal complaint against him. If you are living with him, get out of there and to a... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Kentucky on
Q: My grandma has custody of my almost 3 year old son. (My parental rights was not taken) Due to poor choices I make, no

Contact has been placed between my son and I (dcbs) I’ve been told my grandma is trying to legally adopt my son, telling her lawyer she doesn’t know where I am or how to contact me, with her doing that can she legally adopt without my consent? How can I go about finding out if a court hearing... View More

Timothy Denison
Timothy Denison
answered on Jul 16, 2023

Go to the family court clerks office in your county, take your ID and ask them to copy a complete copy of the case file in any case in which you are a named party. If she has filed anything to adopt, you will be a party to it and they will be able to locate it for you.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Newly divorced, owe 140k in joint irs If i file a chapter 7 per the code only be responsible for the last 2 years tax
Timothy Denison
Timothy Denison
answered on Jul 8, 2023

No. You will Not be able to discharge the last three three years tax obligations prior to filing (ie file today, 2022, 2021 and 2020 tax obligations non dischargeable). The rest should be dischargeable if the returns that year were timely filed or more than three years has flowed since the filing... View More

2 Answers | Asked in Bankruptcy for Georgia on
Q: When should an attorney file violation of the automatic stay? We disagree on intention of Code 362 and I'm no expert.

I'm 2yrs into a 13. When I enforce HOA to act (repair/replace/maintain) twice on separate occasions their rep's have responded with "oh and by the way...you owe this on your bankruptcy; attached is an account ledger; we advise you to reach out to our (sic) attorney's to... View More

Timothy Denison
Timothy Denison
answered on Jun 20, 2023

Your attorney is correct. That is not a violation of the automatic stay nor is it an attempt to collect a debt. While they may have referenced it when you called them, they did not take any affirmative act toward collecting the debt. Id stay with your current lawyers. They are trying to keep... View More

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1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: What happens if my wife brings me home before the judge has ruled on a DVO amendment? Can there be a search warrant?

Wife filed a DVO four months ago.

And decided to tell me she wants me back home and doesn’t want to divorce. We have a newborn together as well. She brought me home recently in the hopes it would be amended.

Turns out judge said no.

Can there ever be a random search for... View More

Timothy Denison
Timothy Denison
answered on May 1, 2023

You are violating the DVO by returning home before it is amended. If anyone reports it or if the police are called and find you there, you will likely be arrested and charged with violating the dvo. You should go somewhere else to stay, hire a lawyer to get the dvo amended, and not have any... View More

1 Answer | Asked in Contracts and Real Estate Law for Kentucky on
Q: What to do when a home marketed as one size turns out to be 500 sq ft less and only known to buyer at closing?

Can the buyer insist on renegotiating the sale price when the discrepancy is discovered upon inspection while preparing for closing? Is this considered deceptive advertising?

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

Depends. If it is only known to the buyer, that would imply the seller does not know about the error, which might be difficult to prove fraud. Alternatively, you should make everyone aware and either withdraw your offer or renegotiate the offer. The burden of proof will be on you to prove the... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Kentucky on
Q: The wife and I have been separated for a year and she has been moved out of the home for almost that amount of time.

We've been separated a year she's been gone almost that length of time, how is it she can come back to this house whenever she feels like it? And secondly, we pretty much decided to sell the place at some point, and divide the money but, if I choose to refinance the place and buy her half... View More

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

She still has an ownership interest in the house regardless of how long she’s been gone so she can still come and go as she pleases. The money her dad put down is a non marital interest that will be restored to her by the court. The best thing to do is get the divorce filed and moving so you... View More

2 Answers | Asked in Bankruptcy for Minnesota on
Q: Can my elderly parents look into assisted living facilities while waiting for their bankruptcy to be finalized?

Bankruptcy was filed in Nov 2022 and is still being reviewed. Both parents have significant health issues that will require them to seek alternative living situations in the near future but they are finding there is a shortage of appropriate housing options coupled with long waiting lists for... View More

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

They can look into anything the wish but I would be careful signing anything without consulting their bankruptcy lawyer. If they are in a 7, they can proceed however they wish. If they are in a 13, they will need permission from the court before they sign or commit to taking any action.

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