Lawyers, Answer Questions  & Get Points Log In
Kentucky Estate Planning 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 Estate Planning, Real Estate Law and Probate for Kentucky on
Q: I never received my inheritance from a property sold it’s in the will for me to get half of sales what do I do? HELP!!

What steps do I take? How do I get my money? The property was sold but I haven’t received my half of inheritance. Can I do it for free? About how much does something like this cost to do? Do I have to prosecute the person to get my money?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2024

You will have to hire a KY attorney that does real property litigation. It will be an expensive and difficult suit for Ejectment, Quiet Title, etc. where you have to prove title. But if that Will was not filed for Probate, it means nothing. There are stringent SOLs involved, so either file... View More

2 Answers | Asked in Estate Planning for Kentucky on
Q: Judge signed Petition to divide. Bank made check for $700 to the Estate of? How can I cash it?
Timothy Denison
Timothy Denison
answered on Feb 24, 2024

Many more facts are necessary to form a reasonable answer to your question.

View More Answers

2 Answers | Asked in Estate Planning and Family Law for Kentucky on
Q: I have a couple of questions .

How do you report a lawyer for making a fake Will ? Am I aloud as a sibling to see the records of our mothers nursing home lawsuit settlement ?

Brian R Dettman
Brian R Dettman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

You might consider contacting the local prosecutor or seeking help from the Kentucky Bar. Before you do any of that I'd hire an experienced wills/trust/estate lawyer to advise you.

View More Answers

2 Answers | Asked in Estate Planning and Legal Malpractice for Kentucky on
Q: Can attorney executor that prepared and witnessed a will claim privilege when a beneficiary questions his due diligence?

The executor is an attorney who also prepared and witnessed her will. It states "to hereby give, devise and bequeath to my son all of my ownership interests in the home to be his absolutely and in fee simple." where I have lived and made mortgage payments for 20 years. He nullified this... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 7, 2024

If a lawsuit was filed and the attorney was deposed or was to testify, it is not likely that the privilege objection would be upheld.

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law and Legal Malpractice for Kentucky on
Q: Should an attorney preparing a will inform client survivorship clause in deed will nullify last wishes to give property?

My mother’s will states to hereby give, devise and bequeath to my son all of my ownership interests in the home to be his absolutely and in fee simple. In spite of this, and instead of following her last wishes to add me as part owner, The executor, an attorney, told me that because he prepared... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 5, 2024

While this would be best answered by an Estate Planning Attorney in the State where this occurred, it does appear to be malpractice.

View More Answers

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: I have been appointed executor of my mother’s will. Beneficiaries include me, my sister, and 9 grandchildren (3 of whom

are minors). Grandchildren will each receive about $2500. How should this be paid to minor children and can the minor children sign the informal settlement agreement form.

Timothy Denison
Timothy Denison
answered on Feb 8, 2024

The probate court will set the terms but generally the children’s money will be placed in a blocked account until they reach age 18. The Court will have to give permission before any of the money can be withdrawn. The minors do not sign the informal final.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: would it hurt anything to go ahead and notify my deceased moms creditors of her passing?

no other proceedings have been started yet thank you

Ky

Timothy Denison
Timothy Denison
answered on Jan 22, 2024

No. It should be fine to notify them.

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Kentucky on
Q: What gives an attorney the right to have you removed from courthouse after appointment of administration of mother's est

Hearing?he is clearly representing my brother not estate,as brothers wife cleans his house.told me get my info from courthouse and I could go to hell .

Timothy Denison
Timothy Denison
answered on Jan 13, 2024

More facts are needed to properly answer this question.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: i asked a ? prev on 11/2023 abt my mom & her est. i found what might be considered a holographic will (handwritten)

she wrote the letter she identified herself & the subject matter of what she was writing and what her wishes were but if she signed it with an alias is it valid? she signed it MOM but at the beginning she fully identified herself and what her intentions were would it help in any way to turn it... View More

Timothy Denison
Timothy Denison
answered on Jan 11, 2024

It’s worth a shot. You might be able to actually get that probated as a holographic will but I would find at least two neutral and detached witnesses who can identify her handwriting on the writing.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Kentucky on
Q: tia, any lawyers offer installments or pro bono for dying intestate in Daviess County KY? should be fairly cut n dry

she owned her house, filed for bankruptcy quite a few years back, and didn't accumulate much debt passed quickly with no nursing home involved we were in the process of making her LWT but didn't get it finalized before she passed.

Timothy Denison
Timothy Denison
answered on Nov 28, 2023

Check with your local bar association or legal aid society. They maintain list of reduced or pro Bono lawyers.

2 Answers | Asked in Estate Planning, Elder Law, Probate and Social Security for Kentucky on
Q: How do i navigate the death of my mother (was in process of writing a last will and test. but unable to finish)

Me, her daughter was POA in her living will but we hadnt been able to finish writing the last will and testament. I am to be the person to inherit her house and make sure it is available for her kids or grandkids to stay in if they should ever need a place We were talking about a dynasty trust or... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2023

I'm sorry to hear about the loss of your mother. Navigating estate matters can be complex, especially in situations like yours where the last will and testament was not completed. As the person with power of attorney in her living will, you have a significant role, but it's important to... View More

View More Answers

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My father had a life insurance policy that I saw copies of having paid out to g.parent guardians. They kept it.

I was listed as only beneficiary but was 6. I lost the copies of correspondences and of the name of insurance co. I dont believe they thought I d ever know about it. I m now 40 and they have kept it. How do I proceed?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2023

To address the issue of a life insurance policy where you were the beneficiary but the funds were kept by your grandparents, you should start by gathering as much information as possible about the policy. If you don't remember the name of the insurance company, you might try to retrieve this... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: Can a executor of a estate force the sale of a homestead bequithed to his son if he owns other real property

The other property was gifted to the executor and she only wants to be able to keep more of her interest with no concern of homestead.

Timothy Denison
Timothy Denison
answered on Aug 27, 2023

Yes. She can.

1 Answer | Asked in Estate Planning for Kentucky on
Q: My ex husband passed away and had a life insurance policy without a beneficiary listed. So it fell to our two kids.

It was 25,000 and is in a CD for both of them. Is there a way for me to access that money to pay off a car loan debt that I was stuck with when he passed away?

Timothy Denison
Timothy Denison
answered on Aug 2, 2023

Not without order of the court and then it is highly unlikely bc it is the kids money.

2 Answers | Asked in Estate Planning for Kentucky on
Q: Regular last will & Testament or Living Revokable Trust Paper? Owns 2 houses, trailer, multiple vehicles with kids, and

Has several personal bank accounts. Tools, and other assets. Wants to leave them to ONLY 2-3 specific children out of numerous kids. Would you need a regular last will & Testament or Living Trust? Also wants someone to go to the bank for them bc they are bedridden so do I need a financial power... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2023

Your goals can be accomplished using just a trust or a combination of will and financial power of attorney. The choice depends somewhat on how motivated you are to avoid the hassle of probate for your intended beneficiaries by using a trust. Trusts also tend to invite less litigation. Will... View More

View More Answers

1 Answer | Asked in Estate Planning for Kentucky on
Q: I need a Lawyer quickly about being a hier of my aunts estate. I am already late on dealing with this matter. Need

Consultation as quickly as possible. Please contact me ASAP

Timothy Denison
Timothy Denison
answered on Jul 22, 2023

Check with your local bar association or legal aid society. They maintain a list of lawyers who may be able to helton.

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.