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Kentucky Probate 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 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.

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: I'm on parole in Allen County KY, just found out I've been charged with absconding. What can or will they do to me for

Absconding 1st time in parole in KY??

Timothy Denison
Timothy Denison
answered on Feb 8, 2024

Most likely they will seek to return you to prison and revoke your parole if the absconding can be proven.

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.

2 Answers | Asked in Probate for Kentucky on
Q: KY in an intestate estate what if a surviving spouse is long-term institutionalized in a nursing home?

no will, deceased had 3 children, myself and my 2 brothers, and his wife who is long-term institutionalized, estate is small under $30,000 with no real estate. will his wife be able to benefit somehow, she is not able to care for herself physically and mentally.

Nina Whitehurst
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answered on Jan 5, 2024

Yes, the wife inherits her share even if she lacks capacity. If there is nobody with a power of attorney to manage her finances then a conservator may need to be appointed. And it can get even more complicated if she is on government benefits. If that is the case then remember that someone will... View More

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2 Answers | Asked in Real Estate Law and Probate for Kentucky on
Q: Probated my grandmother's estate over 10 years ago (no will,) sold property with quitclaim buyer passed did not file

Deed, still in grandmother's name. The probate was closed. I recently received notice from court of unpaid taxes and liens if I pay taxes and liens how do I transfer deed to me? Do I have to reopen probate?

Nina Whitehurst
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answered on Jan 1, 2024

Based upon the facts you have provided, it looks like the buyer bought and paid for the property but failed to record the deed. That does not mean that your grandmother's estate still owns the property. All that means is that a public record of the transaction was not made. The deceased... View More

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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
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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

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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
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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 Consumer Law, Probate and Wrongful Death for Kentucky on
Q: I am the only blood child what are my rights

Being the only child can i stop the executor of my father’s estate until i can get an investigation on his death? His ex wife’s son is executor of his estate the police went out to check on his home for me and they was there emptying the home and he had not been in the ground 30 minutes. I was... View More

Timothy Denison
Timothy Denison
answered on Nov 5, 2023

You need to hire a lawyer, open probate, get appointed and then open your own investigation into his death. This could be time consuming and costly, however, with guarantee as to any results.

1 Answer | Asked in Probate for Kentucky on
Q: My parent has died in Kentucky without a will. Myself and my siblings were named as heirs.

I do not want anything from the estate. How would I go about having myself removed as an heir?

Timothy Denison
Timothy Denison
answered on Oct 26, 2023

Write a letter to the estate attorney renouncing your interest as an heir. Problem solved.

2 Answers | Asked in Probate for Kentucky on
Q: As primary creditor can I request assets be assigned to me post dispensing with administration?

We were able to enter his apartment after dispensing with administration in court and found paperwork regarding a small bank account and retirement account. The total value does not exceed $30000 even adding all property listed in probate.

Timothy Denison
Timothy Denison
answered on Aug 28, 2023

Yes. You can.

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2 Answers | Asked in Adoption, Family Law and Probate for Kentucky on
Q: in ky if my half sister is adopted by another man is she still heir to our fathers estsate?

father passed before he was willed by his aunt 1/3 of her estate. In her will she states in his passing it should go to his children myself and half sisters name listed. My half sister was adopted by another man years previous and showed up with her hand out to recieve "her share". is... View More

Timothy Denison
Timothy Denison
answered on Aug 14, 2023

No. If she was adopted by another man, her rights to inherit from your father have been terminated.

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