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Kentucky Questions & Answers
0 Answers | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: If i made a shirt with a name on it that is now a trademark, can I be reported for copyright?

I made a shirt for my daughter 2 years ago that says "zach bryan" with a photo that she picked of a longhorn. Facebook notified me that I have been reported for copyright Infringment but I don't see how as my daughter picked a photo I made on the computer. It was not copy and pasted

2 Answers | Asked in Personal Injury and Car Accidents for Kentucky on
Q: I need advice on how to take action against an uninsured driver.

In April this year I was a passenger in a taxi and another driver side swiped us. At this point I'm on my third law group and know that the driver that side swiped us had no car insurance. So far I've only been told that I can prosecute them for hitting us and not having any car... View More

John Amos Whatley
John Amos Whatley
answered on Nov 11, 2024

There are two avenues in which a person that is driving while uninsured is held accountable for their actions. The first is the criminal track. Criminal actions are prosecuted by the state. The ultimate decision to pursue a criminal action lies with the state.

The second track is by way of...
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0 Answers | Asked in Criminal Law for Kentucky on
Q: Can sheriff deputy have a truck towed to my residence just to show up later for a knock and talk at 11:37 pm?

A guy I knew came to my house and intentionally left a duffle bag with drugs in my house. I was sick in bed. He gets arrested for aggravated DUI, drug and firearm possession. The truck is towed to my house. Later the deputy showed up with ATF and St troopers and knocked on my door. I got out of bed... View More

2 Answers | Asked in Adoption, Child Custody and Family Law for Kentucky on
Q: if an adopted child turns 18 and the parent has power of attorney can the child still leave
Rob Astorino Jr.
Rob Astorino Jr.
answered on Nov 8, 2024

Yes. However, the if the child is disabled, you could file a petition for guardianship, conservatorship, limited guardianship, limited conservatorship and/or a combination those representative roles.

"Disabled" means a legal disability, not a medical disability, and is measured...
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1 Answer | Asked in Employment Law and Tax Law for Kentucky on
Q: If I work for someone for over 10 years under the table and they fire me how do I get money owed to me
Rob Astorino Jr.
Rob Astorino Jr.
answered on Nov 8, 2024

You should contact an experienced Kentucky employment attorney immediately. Kentucky law states that any employee who leaves or is discharged from his employment shall be paid in full all wages or salary earned by him no later than the next normal pay period following the date of dismissal or... View More

1 Answer | Asked in Real Estate Law, Agricultural Law, Construction Law and Land Use & Zoning for Kentucky on
Q: We were sold land in Spencer County, Kentucky and after the fact are being told it's zoned incorrectly.

We bought just over 8 acres of land and made plans to build a house. When we went to get our permit we were told that our land is zoned as Ag1 which has a minimum lot/tract size of 10 acres. Now the zoning department claims we have to pay to have the land rezoned as Ag2 to build on it. Is there a... View More

Timothy Denison
Timothy Denison
answered on Nov 7, 2024

No. You’ll either have to file to rezone or sue to force them to correct the zoning. Either way, it is going to cost money.

0 Answers | Asked in Estate Planning for Kentucky on
Q: Rights when mother died with no will in Kentucky.

My mother passed away with no will in August 2023, I'm an only child. However she was married to my stepfather at the time of her death, he has 3 children. My stepfather recently passed away (August 2024). One of his daughters got involved right off the bat when my mom died, throwing away my... View More

1 Answer | Asked in Medical Malpractice for Kentucky on
Q: On 2 separate occasions I have been prescribed medicine that can kill me and it's well documented in my files

I was admitted both times and was wearing the red warning bracelet and they prescribed it anyways

John Amos Whatley
John Amos Whatley
answered on Nov 8, 2024

In Kentucky, a plaintiff must meet the burden of proof on all four elements of a tort to be successful in a medical malpractice claim. Those four elements are duty of care, breach of standard of care, causation, and damages.

Duty of Care: Show that a healthcare provider had a duty to...
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0 Answers | Asked in Traffic Tickets for Kentucky on
Q: I have a traffic speeding ticket going 92 and a 70 mile an hour zone My Court date: 11/7/24 Franklin County Courthouse

Hello, I have a traffic speeding ticket going 92 and a 70 mile an hour zone on I 64 on September 27, 2024 My Court date is tomorrow Thursday, November 7 at 9 AM Franklin county Kentucky. Can you help me out?

1 Answer | Asked in Estate Planning for Kentucky on
Q: Rights when mother died with no will in Kentucky.

My mother passed away with no will in August 2023, I'm an only child. However she was married to my stepfather at the time of her death, he has 3 children. My stepfather recently passed away (August 2024). One of his daughters got involved right off the bat when my mom died, throwing away my... View More

Timothy Denison
Timothy Denison
answered on Nov 7, 2024

You'll need to file a motion in the step-dad's probate case asking the court to review the propriety of these actions by your step-sister. Since there was not will, the laws of intestacy will apply as to how the estates are divided.

1 Answer | Asked in Traffic Tickets for Kentucky on
Q: Hi, I got a citation (189.125) . my child is autistic. is there any exception for autistic kids? KY state

charge 1: failure to wear seat belts was observed operating the vehicle with a child in a child restraint seat but not buckled in.

My kid is 5 years old. He was on his front facing child seat in the backside, was still buckled in, but he slipped his shoulder belt down by the time police... View More

Timothy Denison
Timothy Denison
answered on Nov 6, 2024

There should be an exception but there is not. However, you may be able to explain what happened and get the case diverted and ultimately dismissed.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Using burner phone app + Google voice to send messages, do the receiver have legal recourse to get the sender's identity

The apps are Burner and Google voice. Burner allows you to use randomly generated numbers and Google voice is VOIP.

Both the Google voice and burner numbers have been deleted.

Timothy Denison
Timothy Denison
answered on Nov 5, 2024

The manufacturer of those apps should be able to track them by IP address used.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If a motion for failure to indict within 60 days has been signed by the judge, and the bond was $5000 f/c,

Does the court have to remove the bond associated with that charge or can they apply it to two lesser misdemeanor charges that had a bond of $250 a piece, and call it a” blanketbond” ?

Timothy Denison
Timothy Denison
answered on Nov 4, 2024

They can apply it as a blanket bond. Whether they choose to do so or not is another story.

2 Answers | Asked in Animal / Dog Law for Kentucky on
Q: My dog supposedly jumped our fence and damaged the neighbors non fenced pool. Are we liable for cost of replacement?

We live out in the country and have seen racoons, opossum, deer, foxes, bob cats, coyotes, stray dogs, ect. around the area. Supposedly one of my dogs got out of our fenced in yard and jumped in our neighbors pool damaging the pool cover and the pool. They have not presented any evidence that it... View More

John Amos Whatley
John Amos Whatley
answered on Nov 8, 2024

In Kentucky, any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage. See KRS 258.235.

I recommend that you give your homeowners insurance carrier notice of the potential loss. I would also give your neighbor your...
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0 Answers | Asked in Landlord - Tenant for Kentucky on
Q: I was told my ESA wasn’t allowed to be at my house because he’s not on the lease and haven’t been approved by them

This came from a lady that isn’t even the property manager. Are they legally allowed to do this?

1 Answer | Asked in Adoption and Family Law for Kentucky on
Q: My daughter is almost 12. Her bio father has not seen her since a week before she turned 1.

My husband would like to adopt her and she wants him to adopt her. I have not denied contact with bio father. I leave open communication through Facebook and text but he does not take advantage. He got angry 4 years ago bc I would not fly her across the country to meet him. He has 2 other children... View More

Timothy Denison
Timothy Denison
answered on Nov 4, 2024

With the length of time that has passed, I would expect the Court would permit the adoption by your current husband and termination of the biological father’s parental rights. You need to hire a good family attorney to handle for you.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: What support should I give the judge so she allows me to drop the DVO I have against my husband for my children and I?

He has served his time in jail, been in rehab and therapy. He has also been volunteering at a church and is starting batterer’s intervention classes. He has worked hard to be better for us and I am no longer fearful. I want to work on our marriage and family. I do not believe in divorce and... View More

Timothy Denison
Timothy Denison
answered on Nov 4, 2024

What you’ve set out there looks pretty good. You might want to consider asking the judge to make the dvo no unlawful contact rather than to just dismiss it. I think the odds go up if you ask for no unlawful contact.

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