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Kentucky Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Does joint accounts and retirement accounts with named beneficiary bypass probate?

My mother-in-law has put my wife on all of her checking/savings accounts as a joint account holder and named her as beneficiary of her retirement accounts. Her will (when she re-writes it) will leave $10K and a few certain items to my wife's sister and all remaining assets to my wife. There... View More

Timothy Denison
Timothy Denison
answered on Jul 8, 2023

That should be sufficient to avoid probate. The sister in law can always challenge the will as can any beneficiary, so that is a given.

1 Answer | Asked in Estate Planning for Kentucky on
Q: I got a question about wrongful death settlement agreement
Timothy Denison
Timothy Denison
answered on May 20, 2023

What is your question?

1 Answer | Asked in Estate Planning and Family Law for Kentucky on
Q: There is a will that states everything split equal my sister and her husband are living in the house that is in probate

Instead of them moving out when my mother passed away they choose to live there til the house sells but now are wanting me to split utility and mowing of the yard. I don't think that's fair

Timothy Denison
Timothy Denison
answered on May 17, 2023

Sell the house and divide everything equally or one of you buy the other out.

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Kentucky on
Q: Question regarding property, nursing home medicaid, and eviction.

A older person with very little SS income has a home with a mortgage and possibly no equity if sold. She gets married and moves in with spouse. She gets brain cancer and ends up in a nursing home for rehab. Spouse pays 30 days stay to try and get her medicaid eligible in meantime. Lawyer says gotta... View More

Timothy Denison
Timothy Denison
answered on May 3, 2023

If the home is not in her name, it can possibly be transferred since there is no equity in it. If the hone is in her name, if you can show Medicaid there is no equity, they might possibly start paying. If not, the house will likely have to be sold and the renters will have to buy it at sale.

1 Answer | Asked in Estate Planning, Family Law and Probate for Kentucky on
Q: Can the State of Kentucky put a lien on my deceased mother's property for unpaid medical bills?

My mother recently passed while still owing on her property in Madison County, KY. The State of KY was her guardian prior to death and she died with no will. I'm her only living relative and I went to probate court and was granted Petition/Order to Dispense With Administration, and am now... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2023

You will have to open probate to be able to make any transfers of the real property or the vehicles. A disprr we NDR eith administration will not get that done for you.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Can medicaid take money from a medical malpractice lawsuit on a nursing home that estate is rewarded in ky?
Timothy Denison
Timothy Denison
answered on Apr 13, 2023

If they are owed money from it, yes.

3 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Kentucky on
Q: My mother sold an acre of her life estate that my sister will get. The check was in my sister's name. But my mom got it.

The tax preparer told my sister to have my mom report it on here taxes, but the 1099-s is my sister's name. Who reports it?

Vincent Gallo
Vincent Gallo
answered on Mar 12, 2023

If your mother was the owner of a life estate and she sold her interest in the life estate then the proceeds from the sale should have been earmarked for your mother only and the 1099-s should have consistently named your mother as well. Once your mother received the proceeds, unless there are... View More

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1 Answer | Asked in Estate Planning for Kentucky on
Q: While waiting on the insurance company to pay Out death insurance claim to beneficiaries am I able to get a small loan?

I am currently waiting on the insurance company to pay my mothers life insurance policy and I have had many recent financial hardships due to this crisis. I was wondering am I able to take out a small cash advance or loan while waiting on the insurance company to finalize and send? If possible... View More

Timothy Denison
Timothy Denison
answered on Feb 17, 2023

Yes. You can. Any banking institution near you should be fine.

1 Answer | Asked in Estate Planning for Kentucky on
Q: When settling an estate as the executor, which debts legally have to be paid?

There will not be enough to cover funeral expenses and pay all outstanding debts.

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

The funeral expenses first and then whatever legitimate debts are filed as a proof of claim.

1 Answer | Asked in Estate Planning and Family Law for Kentucky on
Q: Which is legal a prepared will signed and notarized or a notebook with no signature or witnesses?
Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Prepared will signed and notarized is the legal standard. The notebook with no witnesses and not signed is worthless.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Hi, what are the consequences of not formally closing an "estate" if no taxes are owed, all debts are paid and money is

distributed to heirs?? Will the court come after the administrator??

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Yes. They could sanction the administrator, remove the administrator or make the administrator pay the cost of finalizing the estate because the estate must be properly closed..

2 Answers | Asked in Criminal Law and Estate Planning for Kentucky on
Q: The house I live in was in my exs name, I signed a document stating house was ours til he dies. Can he kick me out?

He bought the house for Me. I've lived here 6 years alone. He's in a separate house.

Leland Hulbert
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Leland Hulbert
answered on Jan 9, 2023

It depends what the terms are in the document you signed stating you both have ownership in the home or the right to live there.

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1 Answer | Asked in Estate Planning, Probate, Real Estate Law and Identity Theft for Kentucky on
Q: I need HELP! In KY my dad died in 2013 & my mamaw in 2014. I didn’t know about probate & I was never told about it..

I have been doing research n have found that I don’t think it was ever properly done. The probate in either dads or mamaws estate. Monday will be 10 years since my dads death & I have never seen any types of docs or proof of anything. It looks like by the courthouse docs that everything is... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

You need a local attorney who has access to all the necessary information.

1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Kentucky on
Q: My mom died 2 yes agoand I lived with her took care of her till she passed and still living in the home my child hood

Home that's been in my family for over 30 years and I signed a waiver for probate hearing to appoint my brother as administrator of estate cause my mom dies without a will but my brother and my mom both was homeowners on the land house deed anyways my brother told me I could live here till I... View More

Timothy Denison
Timothy Denison
answered on Jan 1, 2023

Yes. Your brother can sell it and the new owner can have you removed. With no will, mothers estate will be divided among her children so you will have to either buy out their shares or sell your share and receive the money.

2 Answers | Asked in Probate and Estate Planning for Kentucky on
Q: In Kentucky, will a house typically be sold to pay off debts?

My dad is a veteran who lived in KY with my adult brother and his autistic son. His house is in his name. He has almost no assets ( 14 year old car and paid off double wide trailer). He has a will and left trailer to myself and brother with contingency that my brother can continue living there.... View More

Anthony M. Avery
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answered on Jan 3, 2023

Probate is probably a bad option with little assets and debt out there. You can check the Courts in the Father's County to see if there are any money judgements out there against him which might also be a lien. Consult a KY attorney for advice about the trailer title. Remember someone has... View More

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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,... View 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.

2 Answers | 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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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... View More

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1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My husband passed away 10 years ago I never went to probate court but now I need to to be able to transfer a old motorcy

Probate said I need to get all his biological children over 18 to sign off on it but his 3 older ones won't saying they would be signing their rights away to my house. But deed states that if either of us dies first house goes to surviving spouse. Do they have right to my house in my passing... View More

Timothy Denison
Timothy Denison
answered on Nov 13, 2022

They have no right to you house as it passed to you pursuant to the deed. Ask if you can do a dispense with administration. If not, you will have to file to open probate and get appointed administratrix in order to sell the bike. In any event, his adult children probably get nothing.

1 Answer | Asked in Estate Planning for Kentucky on
Q: We have lived with my mom for 16 years and took care of her. She passed away and now my brother says we need to get out

We need time to get a place to go. Is 6 months too long

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

You’ll either have to reach an arrangement with the estate to stay in the house and rent/buy it or you’ll have to move out. Many factors can’t impact it, but 30-60 days is usually the time given to move if no agreement is reached.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Selling deceased mom's house. 4 siblings are going to divide what we get out of it. Do we have to pay taxes on it. In Ky

4 siblings, oldest has control over estate.

Timothy Denison
Timothy Denison
answered on Oct 27, 2022

Depends on the value of the house but most likely the answer is no tax due.

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