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Kentucky Probate Questions & Answers
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.

1 Answer | Asked in Estate Planning, Real Estate Law, Legal Malpractice and Probate for Kentucky on
Q: I am in Kentucky and need clarification on the wording of a deed. My father's attorney friend prepared the deed.

The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father... View More

Timothy Denison
Timothy Denison
answered on May 16, 2024

That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the... View More

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 Probate for Kentucky on
Q: I would like to ask how many times do you need to do probate on an estate?

I am over the estate after my grandfather died what do I need to do if I want to sell the house and property

Timothy Denison
Timothy Denison
answered on Mar 17, 2024

Only once. You need to make a motion for permission to sell the property unless you were granted that specific authority in the will, in which case you do not need the Court's permission.

1 Answer | Asked in Probate for Kentucky on
Q: Do i, as executor, have to send them something to sign before i can close probate here in ky?

I have started probate for my stepdad's estate. the biological children are not named in the will.

Timothy Denison
Timothy Denison
answered on Mar 4, 2024

No. Only heirs under the will need be notified.

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
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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

1 Answer | Asked in Probate for Kentucky on
Q: What happens to the people already living in the house of a deceased family member through probate hearing?

My boyfriend an I living in his deceased Mamaws house he's just watching the place but his grandmothers step daughter is taking his family court probate hearing what happens to us ones still in the house after the probate hearing?

Timothy Denison
Timothy Denison
answered on Feb 7, 2024

It is up to the court. You may be permitted to remain there and pay rent to the estate or you may have to vacate the property.

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.

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