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Kentucky 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 Landlord - Tenant for Kentucky on
Q: I'm on hud & my landlord with no notice took Physical action. Changed Locks ,gave my propertie away &car & i got2kids

Do I have a lawsuit and what action do I take.

James L. Arrasmith
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answered on Mar 31, 2024

I'm so sorry to hear about your difficult situation. Based on what you've described, it does sound like your landlord may have acted illegally. In most jurisdictions, landlords must provide proper notice and go through a formal eviction process before locking tenants out, even if the... View More

2 Answers | Asked in Car Accidents for Kentucky on
Q: I recently had a vehicle accident and unknowingly has a cancelled plate. I have had insurance with no lapses.

They issued me a court date. What should I expect?

Anna Aleksander
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Anna Aleksander
answered on Mar 30, 2024

Hire a lawyer or go in on your own and provide proof that you fixed the issue.

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1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Divorce for Kentucky on
Q: Can a recently divorced husband draw up contractual paperwork with a lawyer that the wife "fired" (Kentucky)?

He is recently divorced. She fired the lawyer before finalizing their divorce, but he went to that lawyer post-divorce to ensure his rights as a father in Kentucky were being followed by both parties. She refuses to sign any paperwork from this lawyer because she claims "conflict of interest".

Timothy Denison
Timothy Denison
answered on Mar 29, 2024

It is a conflict and the lawyer could be disqualified.

1 Answer | Asked in Communications Law for Kentucky on
Q: Are programs allowed to record your voice without consent? How would I go about pursuing legal action?

Hello, I wanted to inquire about something if you have the time. (Sorry if this is the wrong place to ask this question) Yesterday my friend and I were playing a game, and we noticed something concerning. The game seems to be always taking voice input from the player, even if you were to... View More

Eddie Burnett
Eddie Burnett
answered on Apr 6, 2024

Check the software/company's terms of service or privacy policy to see if they disclose anything about recording voice data and check your state/country's laws on recording to be sure you have a solid claim.

1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: Landlords lawyer sent us a letter giving us 30 days to vacate. Can they do this?

The windows don’t open and that’s against code. The house is old and has lead paint, which they never disclosed.

They’re citing this portion of the lease.

13. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly untenantable by fire, storm,... View More

James L. Arrasmith
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answered on Mar 30, 2024

Receiving a letter from your landlord's attorney demanding you vacate can be unsettling, especially under circumstances involving potential safety and health violations like unopenable windows and undisclosed lead paint. It's important to closely review the section of your lease that has... View More

3 Answers | Asked in Car Accidents for Kentucky on
Q: Accidentally almost caused a accident by pulling out from stop sign and didn’t see a car coming…

They swerved to other lane then stopped no damages will I get in trouble?

Timothy Denison
Timothy Denison
answered on Mar 27, 2024

No. No harm , no foul.

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1 Answer | Asked in Child Custody and Criminal Law for Kentucky on
Q: Is it illegal for a father to take explicit photos of his genitalia in front of his underage child in ky?

My ex husband took explicit photos of himself and sent it to my sister who sent it to me because our daughter was in the photo.

Timothy Denison
Timothy Denison
answered on Mar 27, 2024

Yes. That should be reported to the authorities.

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Can you mention movies names in a book?How about characters?

These are some Examples

A couple of people are kidnapped and they are told that they will have to either survive 10 days or kill each other till 3 are left.

Their dialog is where I am in doubt

"So we are in some mess up real life hunger games, huh?."... View More

James L. Arrasmith
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answered on Mar 27, 2024

Mentioning movie names and characters in a book can often fall under what's considered "fair use," especially if they are used in a casual, non-commercial context like in dialogue or as part of a cultural reference. However, the way these references are used is crucial. It's... View More

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Kentucky on
Q: How will a couple’s divorce impact my rights on a property I co-own with them?

My name and the husband are named on the deed, not the wife, but because Kentucky is a dower state, she has interest. She is not a borrower for the mortgage and only signed the mortgage to acknowledge dower rights; her name is not on the loan. She has expressed to the judge that she does not want... View More

Anna Aleksander
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Anna Aleksander
answered on Mar 26, 2024

This is a complicated question that should be best answered by a lawyer in a one on one consultation. The answer should involve analysis of several items and facts including the review of the deed to see if house is held in joint tenancy or in a tenancy in common. First, in Kentucky anything... View More

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1 Answer | Asked in Gov & Administrative Law for Kentucky on
Q: Can I offer My services as a certified APSS in KY as my own entity/business w/o the supervision of a DR. via zoom?

I am a certified ADULT PEER SUPPORT SPECIALIST offering peer counseling primarily to recovering addicts and their family members and friends. I am wanting to start my own business through teleheath via zoom, and/or visiting clients at their homes/church/parks/ or other specified locations. These... View More

James L. Arrasmith
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answered on Mar 26, 2024

In Kentucky, if you are certified and plan to offer your services as an Adult Peer Support Specialist, it's important to note that you do need to work under supervision. This means that your services, when provided, must be overseen by a qualified professional. The range of professionals under... View More

1 Answer | Asked in Criminal Law for Kentucky on
Q: how can I get this case dropped after 3 yrs of waiting to be indicted and I'm innocent?

I let a mechanic drive my car to take my son and I to school to drop him off to test drive after he done work on it the night before to make sure it was running properly. The resource officer noticed that I was drowsy, which was due to a new medication that I had just began taking, and asked if I... View More

Timothy Denison
Timothy Denison
answered on Mar 27, 2024

If they haven’t indicted you by now, they are probably not going to after three years.

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Are characters "names" under copyright?

There's a character with the name Olivia Valedstorm. Would using just her last name for a talking sword character or a dragon be grounds for suing?

James L. Arrasmith
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answered on Mar 26, 2024

Character names can indeed be protected under copyright law if they are distinctive and well-known enough to be associated exclusively with the original work. However, copyright does not protect names, titles, short phrases, or expressions by themselves. It depends on the context and how unique and... View More

1 Answer | Asked in Legal Malpractice for Kentucky on
Q: lawyer wrote will for grandparent and made major mistakes which cost me my whole inheritence can they be sued

My grandfather passed away and had a last will and testament made. I was in this will and was to get land and money to build a home. but because of the major mess ups that the attorney made on the will that had many errors even the probate attorney themselves could see I was not able to get what... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 26, 2024

More facts are needed to determine if the attorney breached the standard of care and if the causation requirement is met. The initial question is what are “major mess ups that the attorney made on the will that had many errors.”

1 Answer | Asked in Gov & Administrative Law and Municipal Law for Kentucky on
Q: In kentucky can a tow company refuse to release my car if I have a licensed driver to get it off the lot?
James L. Arrasmith
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answered on Mar 25, 2024

In Kentucky, like many other states, a tow company can refuse to release your car under certain circumstances. The most common reason for refusal is non-payment of towing or storage fees. Before a tow company releases your vehicle, you need to ensure all associated fees are paid. Additionally,... View More

1 Answer | Asked in Traffic Tickets for Kentucky on
Q: I was recently pulled over in Lexington, Ky. I was given a ticket for no registration tags and my car insurance lapsed

What can I do? I have fixed my insurance and registration. I am tore up and don’t know what to do.

Timothy Denison
Timothy Denison
answered on Mar 26, 2024

Go to court. Show proof on both. Case may be diverted or dismissed.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can this evaluation hurt someone’s case?

I have a boyfriend in prison and he wanted me to ask he’s waiting for his evidentiary hearing for his 11-42 and on one claim based on their not having him evaluated prior to court or ever. 5 years later they’re trying to evaluate him now and he feels like it’s a set up. If he goes through... View More

Timothy Denison
Timothy Denison
answered on Mar 22, 2024

At this juncture he really has nothing to lose by getting the eval. He can’t possibly do any worse by having it….but he could do better.

1 Answer | Asked in Criminal Law, Family Law, Traffic Tickets and Child Custody for Kentucky on
Q: how is it possible kentucky cps can not allow us to contact with my children even on Facebook? I can’t even see pics.

A quick catch-up just from our last court date, we got lied on by CPS to the judge about being there in attendance and when they found out we were there we still wasn’t permitted to talk to the judge. The judge according to CPS stripped our last method for contact with our own children by banning... View More

Timothy Denison
Timothy Denison
answered on Mar 23, 2024

CPS cannot allow or disallow you to do anything. If the Court issued a no contact order, it is the court who intends you to have no contact, not CPS.

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: When filing for child custody, in kentucky, does the county in which you file matter?

Child's mother filed for custody in Carter County, she lives in Boyd County and so do children.

Timothy Denison
Timothy Denison
answered on Mar 21, 2024

Yes. Should be county of residence. Make a motion to transfer case from Carter to Boyd.

1 Answer | Asked in Consumer Law, Car Accidents and Insurance Defense for Kentucky on
Q: Vehicle was deemed a total loss, but I want to buy back the vehicle. I still owe on the loan.

The total settlement number they gave me would be more than I owe, but the salvage price to keep the vehicle would make the new amount less. I understand that would leave me with the remaining loan balance. Adjuster told me that they won’t release any funds until the loan is paid in full. I was... View More

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2024

A Kentucky attorney could advise best, but your question remains open for a week. You'll probably need to go through the figures with them in more detail than is possible here. But the basic principle is that keeping the vehicle will reduce the payment. If a vehicle is old and low value, it... View More

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