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Questions Answered by Timothy Denison
1 Answer | Asked in Criminal Law, DUI / DWI and Civil Litigation for Kentucky on
Q: Accepted a no restitution plea deal, but at sentencing the judge changed it. Is that allowed

Dui/ passenger injured. Accepted a 2nd degree assault but misdemeanor dui.

Timothy Denison
Timothy Denison answered on Jul 1, 2020

Yes. The judge has the authority to add any conditions he deems appropriate.

1 Answer | Asked in Traffic Tickets for Kentucky on
Q: Pulled over in Louisville, KY for doing 83mph on rt 264. Didn’t realize it was 55mph. What can I expect?

Was going with the flow of traffic. Doesn’t matter I’m sure.

Timothy Denison
Timothy Denison answered on Jun 30, 2020

Amendment down to 25 over (non-suspension), then traffic school so you don’t lose any points and your insurance doesn’t go up.

1 Answer | Asked in Family Law, Child Support and Civil Rights for Kentucky on
Q: My died in 2016 without a will. My younger sister is now trying to become administrator over his estate.

My dad died in 2016. My sister currently lives there with my stepmom. My father also still owes $16k in child support to me and my oldest brother. The house deed is in my dad and stepmoms name. What are my rights as an heir? And what can administrator do and what power can she hold over me and my... Read more »

Timothy Denison
Timothy Denison answered on Jun 30, 2020

Same answer as previous question.

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for South Carolina on
Q: My parents' passed, their house was in foreclosure, house went to me, now I am listed on foreclosure as owner.

My parents died intestate with their home in foreclosure status. I have been told I am not responsible for the loan itself, however, I was served with an Owner for Joiner as Defendant because I am listed on the deed. When I went to inquire about purchasing my home, this came back against me. Is... Read more »

Timothy Denison
Timothy Denison answered on Jun 30, 2020

You are not legally responsible for the debt. However, if you wish to inherit or retain the property, you will have to pay off that debt.

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 Bankruptcy for Florida on
Q: In the Florida Middle District Bankruptcy Court....

Is there a limit on the number of times the court will allow the debtor to become several months behind on his scheduled payments? I am a creditor on my ex husbands chapter 13 and the trustee has now entered her third request for dismissal ( he's three payments behind and will be four as of... Read more »

Timothy Denison
Timothy Denison answered on Jun 30, 2020

It is all within the sound discretion of the court, but it sounds like he has about run out of chances. Be patient and he will ultimately get what’s coming to him.

1 Answer | Asked in Child Custody for Kentucky on
Q: My child has been in Ky with me for one Calendar year. Is Ky her home state now instead of Tx?

The case has been dismissed in Tx. my ex and I wrote out a modification and submitted to the court in Tx it’s states that I have our daughter with me here in Ky and he does not pay child support

Timothy Denison
Timothy Denison answered on Jun 30, 2020

If no other actions are pending Kentucky should be the home state for the child and you should file the agreement here.

1 Answer | Asked in Family Law, Child Support and Civil Rights for Kentucky on
Q: My dad died without a will. My sister is trying to become administrator of his assets. What can she do and not do?

She is my younger sister and still lives with my stepmom in the estate. What are my legal rights as an heir? Also, my father owed back child support to me and my oldest brother. He has been deceased for 3 years now.

Timothy Denison
Timothy Denison answered on Jun 30, 2020

You’ll need to file a proof of claim for the child support. If there was no will, the intestate statute sets out the order of distribution, which is basically 1/2 to stepmom, and the other 1/2 to be divided between your siblings.

1 Answer | Asked in Bankruptcy for Oregon on
Q: can an outside party buy a lien from a lien holder on my house that is in my bankruptcy, and then have a claim in it?

They used this to file a complaint to stop my lawyer from filing a dismissal and filing a new chapter 7 as a way to force me to accept an offer to buy my house at a low price.

Timothy Denison
Timothy Denison answered on Jun 30, 2020

Unless they purchased the lien prior to filing bankruptcy, it is unlikely they can do so after the filing and leverage you.

3 Answers | Asked in Bankruptcy and Foreclosure for Missouri on
Q: I'm a buyer and the seller filed for chapter 7. We were to close, now pending court decision. What are my options?

I am a buyer, went into contract with seller. We were to close but seller's went to court for bankruptcy. Is there anything I can do? What are some options that I can guarantee buying the home?

Timothy Denison
Timothy Denison answered on Jun 30, 2020

You need to hire an attorney to represent you in the bankruptcy case. You can probably still buy the property from the trustee, but the trustee is who you have to deal with from this point forward.

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2 Answers | Asked in Bankruptcy for New York on
Q: I own a time share. Paid in full. I have received a note from the acting lawyer of a bankruptcy hearing(telephonic) .

To auction to the highest bidder. Does this mean I do not own or are responsible for this time share?

Timothy Denison
Timothy Denison answered on Jun 30, 2020

More info is needed to answer your question.

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2 Answers | Asked in Probate for Kentucky on
Q: When my uncle passed away, a friend of his applied for administrator. I am his next of kin.

He was divorced, no kids, my grandparents and mother (his only sibling) have all passed. The administrator filed that there was no will at the time of death, and also told me there was not one. He has now filed a handwritten "will" that states my uncle signed all property, homes etc to... Read more »

Timothy Denison
Timothy Denison answered on Jun 30, 2020

The deed will control should gets the property. You may need an attorney to challenge the will if you think your uncle signed it under duress or coercion.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Is there any statues of limitations on an attorney committing fraud, stealing your money

Filed bankruptcy stole my money

Timothy Denison
Timothy Denison answered on Jun 30, 2020

The statute of limitations varies by state. Contact the bar association and the district attorney in your state for assistance.

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2 Answers | Asked in Bankruptcy for Connecticut on
Q: my father has CC debt. if he files bankruptcy, can they go after his Investment accounts? one is a IRA and CMA
Timothy Denison
Timothy Denison answered on Jun 30, 2020

The IRA is exempt but the CMA would need to be protected with his wildcard exemption.

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1 Answer | Asked in Criminal Law for Kentucky on
Q: How long after the pre-trial is the actual trial?
Timothy Denison
Timothy Denison answered on Jun 29, 2020

Varies widely. Usually 2-5 months.

1 Answer | Asked in DUI / DWI for Kentucky on
Q: Can the judge send me to jail?

I was convicted of 3rd dui aggravated in Kentucky. 60 min sentence. They asked me if I wanted long term rehab and I said yes. I served 33 days in jail and they got me out and sent me to a 9 month long rehab. I completed the rehab and was told early on I’d have to finish my 60 day sentence. I went... Read more »

Timothy Denison
Timothy Denison answered on Jun 28, 2020

Doubtful he will remember and if youve been discharged from probation, it won’t likely be an issue.

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 Criminal Law for Kentucky on
Q: Are first hand witnesses required to attend a trial? Minors or adults?
Timothy Denison
Timothy Denison answered on Jun 28, 2020

If they’ve been subpoenaed, yes!

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