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Kentucky Probate Questions & Answers
1 Answer | Asked in Probate, Legal Malpractice and Libel & Slander for Kentucky on
Q: is my probate attorney is trying to rip me off...

the case is closed but he still holding my money because he has ficticious asets and mishandling of funds happened and i wont sign the release he has drawn up for himself ...i had the administrator rights but he managed to lose them once i hired him. theres alot of money at stake and a lot has been... View More

Timothy Denison
Timothy Denison
answered on Dec 6, 2024

You need to have a local competent probate attorney look at your situation snd advise you. It is impossible to determine e what is actually going on from the narrative provided.

1 Answer | Asked in Probate for Kentucky on
Q: What is the law in Kentucky about inherited property, the will names all five children as court appointed executors,

majority rules. Two Of the siblings die, do their children have to sign the deed for it to be sold. The grandchildren are not mentioned in the will. My dad died in 2009 . We went through probate court but we have this one property that hasn’t been sold.

Timothy Denison
Timothy Denison
answered on Dec 9, 2024

The grandchildren do not have to sign the deed. Their share is protected by the will but only the executors need sign the deed for sale of the property.

2 Answers | Asked in Probate for Kentucky on
Q: My daddy passed away last week. What should the deed say to go to his legal heirs?

The deed states belonging to grantee, his heirs, and assigns forever. Can a girlfriend override and take the family farm from us daughters?

Anthony M. Avery
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answered on Nov 30, 2024

If Dad was the grantee, then he owned it and his heirs take at his death. Hire a KY attorney to search the title and determine heirship. GF is not an heir and cannot claim a homestead. Heirs as tenants in common should sue her for possession.

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2 Answers | Asked in Probate for Kentucky on
Q: Does a deed override a will if the deed says to grantee and his heirs?
Anthony M. Avery
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answered on Nov 29, 2024

Testator can only devise property in his Will that he owns at death. Executed Deed takes effect against all when recorded. Apparently Testator did not own property at death.

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1 Answer | Asked in Consumer Law, Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Can sibling take my home just cause it was left to a few of us but only one been remodeling and paying taxes for 20yrs
Timothy Denison
Timothy Denison
answered on Nov 26, 2024

Yes, although you may have a claim for the improvements you e made to the property.

1 Answer | Asked in Probate for Kentucky on
Q: If only the children are named executors and one dies, do the grandchildren have to sign the deed to sell? (Deceased’s )

The will states that majority of the executors rules. The grandchildren are not mentioned in the will. They will get their dad’s share.

Timothy Denison
Timothy Denison
answered on Nov 20, 2024

They do not have to sign.

1 Answer | Asked in Probate for Kentucky on
Q: In Kentucky, all 5 children were court appointed executors,according to the will. Majority rules. Two siblings die, do

Grandchildren have to sign the deed in order for it to be legal if the remaining executors sell the property?

Timothy Denison
Timothy Denison
answered on Nov 20, 2024

Depends on whether the will provides for alternate or back up executors and/or executrixes.

1 Answer | Asked in Probate for Kentucky on
Q: Husband passed and his mother took his car. I have probate papers signed by judge and she refused to give car back

I have title in his name, and papers from court. How do I get it back?

Timothy Denison
Timothy Denison
answered on Oct 31, 2024

Have the sheriff escort you to get the car.

1 Answer | Asked in Probate for Kentucky on
Q: When is it too late to file a petition in probate challenging state intestate laws per krs392.090(2)?

Mom passed in Feb legally married to the skeezy slime bucket that kicked her out abandoning her and their marriage. Kicked her out with nothing and nowhere to go she had to start over with no financial support at all from him the whole five years. Mom was 60 yrs old having to walk miles to and from... View More

Timothy Denison
Timothy Denison
answered on Nov 2, 2024

If she died married to him and without a will, he will be entitled to inherit from her estate. Doubtful a challenge to the intestacy laws will help.

1 Answer | Asked in Probate, Antitrust and Appeals / Appellate Law for Kentucky on
Q: If a trust was set up for a minor to receive the entire trust at age 35, can he contest it and get half when he’s 18?

He has no idea where the money is, how much he gets as he’s older or any details. His aunt is trustee and she has us blocked and ignored calls. I’m afraid there won’t be any money there. This isn’t the only trust she’s in charge of!

Timothy Denison
Timothy Denison
answered on Sep 30, 2024

Not unless the trust provides for it. There is no basis listed in your question that would give rise to contesting the trust. The trustee is under a fiduciary duty to the beneficiary to ensure that the money is there and that the terms of the trust are followed.

2 Answers | Asked in Internet Law and Probate for Kentucky on
Q: My mother passed no will does stepdad inherit everything?

Stepdad was granted executor and has not included me in anything nor has shown me any paperwork. I am the only living child, he says she left me nothing. Please help

Timothy Denison
Timothy Denison
answered on Sep 16, 2024

If she didn’t have a will, she couldn’t have left anyone anything. With no will, the laws of intestacy under Kentucky law provide for distribution. You can find them set out under KRS Chapter 391.

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1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My dad died 12/06/23, he lived in Allen County, KY, and had no will.

Wife is deceased, has 3 children/heirs, my 2 brothers and I. His assets: $36,500 that he was about to inherit from his mother’s estate, and a 2016 Nissan Versa that needs transmission repairs in order to be drivable. My 2 brothers and I agree that I will be the administrator of his estate. Is it... View More

Timothy Denison
Timothy Denison
answered on Sep 5, 2024

It appears you will not be able to dispense with administration because your dad’s estate is over $30,000, which is the maximum amount of assets that can be dispensed. Contact a local lawyer who can guide you through the process, which should not be terribly complicated given your description.

1 Answer | Asked in Probate for Kentucky on
Q: If power-of-attorney is used to make account joint within a week of death of original account holder, will it be accepta
Timothy Denison
Timothy Denison
answered on Aug 30, 2024

Depends on what , if anything, POA did with the money after account was changed.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Can a lawyer sue you for firing him?

He was hired for probate by me the executor. He has done a terrible job. He charges an exorbitant amount already. He has even advised some things that are morally wrong and possibly illegal. I just want out of the contract.

Anthony M. Avery
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answered on Aug 16, 2024

Lawyers cannot sue their clients for firing them, but they can sue for monies already earned or owed.

1 Answer | Asked in Tax Law and Probate for Kentucky on
Q: I have a friend that is getting his mom’s house.(going thru probate) I plan on buying it to flip and sale.

Can he let me inherit it thru probate so I can dodge some of the taxes of selling it in a short amounts of time.

James L. Arrasmith
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answered on Aug 10, 2024

You cannot inherit the house through probate if it was originally left to your friend, as the probate process distributes assets according to the deceased's will or state law. If your friend receives the property through probate, it becomes his to sell, and the sale would be subject to capital... View More

1 Answer | Asked in Probate for Kentucky on
Q: The executor refuses to record my friend's will and initiate probate of the estate.

In addition to the executor, my friend's next-of-kin also refuse to initiate probate. As a beneficiary of my friend's will, is there any action I can take to initiate probate? Do I have any rights as a beneficiary?

Timothy Denison
Timothy Denison
answered on Aug 30, 2024

Open probate yourself as a beneficiary.

1 Answer | Asked in Probate for Kentucky on
Q: My uncle passed away in 2017 and when he passed my father inherited his land but didn’t go and have it legally put into

Now my father passed and I inherited his property I am trying to find out how to get the land that was my uncle’s put in my name

Anthony M. Avery
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answered on Jul 5, 2024

Hire a KY attorney to search the title and determine heirship. Then either record an Affidavit of Heirship or Probate Father's Estate (or both). Do as your KY attorney advises. Deceased Relatives cannot give you a deed.

2 Answers | Asked in Estate Planning and Probate for Kentucky on
Q: My Aunt just passed away last week and her will is cut and dry naming myself and my brother the beneficiaries.

My wife is the executor and the will states for my brother and me to receive her entire estate, my question is, do we have to go through probate court? We reside in kentucky

Michael K. Ruberg
Michael K. Ruberg
answered on Jun 17, 2024

It depends on what property there is in the estate amnd how it is titled.

If joint you will not need probate. If it is still in her individual name you will need to go through probate.

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1 Answer | Asked in DUI / DWI and Probate for Kentucky on
Q: I was taken to jail in Ky. For driving on dui suspended 2nd license, however I wasn’t pulled over and I wasn’t caught

In the Act of actually driving, I was out of the car while it was parked and in the process of walking away from the car, and I’m fairly certain that my rights weren’t read to me… the judge offered to amend the charge to 1st offense with credit for time served. I turned it down and bonded... View More

Timothy Denison
Timothy Denison
answered on Jun 9, 2024

If no one saw you driving, you may be able to challenge it on not being committed I. The presence of the officer, ehich is required by most misdemeanors.

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