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Kentucky Questions & Answers
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

1 Answer | Asked in Child Custody for Kentucky on
Q: Can I regain custody after 4 years when grandparent has defacto custody?

It’s been 4 years and stepmom(non paternal grandmother) has defacto custody, nothing has change and no visitation other thank FaceTime or visit once a week.

Timothy Denison
Timothy Denison
answered on Mar 21, 2024

Possibly but it will be an uphill battle given the facts as you set out.

1 Answer | Asked in Divorce for Kentucky on
Q: Does my spouse have 20 days to turn in her divorce papers? What if she doesn't?

I have all the documents. I went to file they said i needed her signature also. I thought she had to mail in the papers that I certified mailed her i put a self addressed and stamped envelope to be mailed back in. And she had 20 days to do so? Cant i just file and the judge will grant it. We have... View More

Timothy Denison
Timothy Denison
answered on Mar 19, 2024

No. She has to voluntarily file her papers or you will have to have her served. Service upon her starts the 20 days running

1 Answer | Asked in Personal Injury for Kentucky on
Q: My son was 6 and had never played soccer I paid for his afterschool care at the YMCA after only one week of attending ha

He has a cast up to his groin he has trauma and I’ve had to take off work to care for him. They did not call for medical help they didn’t want to call me my son insisted. They tried to make him walk with 3 broken bones I feel this was all negligence and now I’m concerned he won’t try to... View More

Andre Fereole Regard
Andre Fereole Regard
answered on Mar 19, 2024

Your son may have a claim to file. Was it a YMCA activity. As a minor his Statute of Limitations will be tolled until he is 18.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If I abscond until after my probation end date is up can they still revoke me on probation?

For instance I'm on probation until June 2026 . If I was to leave state until after that date and come back ...will my probation automatically end bc that date has passed or can they still revoke me on probation?

Timothy Denison
Timothy Denison
answered on Mar 18, 2024

Yes. They can still revoke your probation after the end date.

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 Family Law for Kentucky on
Q: Someone else has guardianship of my daughter. What do I need to do to get her back.

I live in Kentucky but the case is in Michigan. There is no cps case against me. I have no criminal record. She was literally kidnapped and taken from me

Timothy Denison
Timothy Denison
answered on Mar 13, 2024

You will need to hire an attorney in Michigan and litigate the case where the child is located.

1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for Kentucky on
Q: Is it considered unlawful discrimination to refuse to offer employment based on the smell of marijuana on a prospect?
James L. Arrasmith
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answered on Mar 26, 2024

Refusing to offer employment based on the smell of marijuana on a candidate can be complex legally and varies by location and industry. In states where marijuana is legal for medical or recreational use, the situation is particularly nuanced. Employers still have rights to maintain a drug-free... View More

1 Answer | Asked in Child Custody for Kentucky on
Q: I have custody of my nephew. His dad has never been in his life or met him. Can he find him if I get state assistance?

His dad is no good has never even met him. I have full custody. If I get state assistance can his dad locate him and come at me for custody? He's not on the birth certificate and as far as I know he doesn't even know what he looks like

Timothy Denison
Timothy Denison
answered on Mar 13, 2024

Your seeking state assistance should not be affected nor should dad be able to obtain any information about you or the child.

1 Answer | Asked in Criminal Law and Identity Theft for Kentucky on
Q: court in Trigg County tomorrow,identity theft need a lawyer i have proof that it wasn't me but lm low on funds help
Timothy Denison
Timothy Denison
answered on Mar 12, 2024

Ask the court to appoint the public advocate for you tomorrow.

1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: I have/had it's complicated but a storage unit where I have 24 hour access me and my ex boyfriend had gotten into a disa

Disagreement and he called the police and he was made to leave the storage is soly mine and everything in it well the owner of the storage facility works across the parking lot at his laundry mat and my ex went and told him some stuff which at the time the police were there the owner came over as... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information provided, it seems that your rights as a tenant in the storage facility may have been violated. Here are some steps you can take to protect your property and assert your rights:

1. Review your lease agreement: Check your rental agreement to see if the owner has the...
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1 Answer | Asked in Consumer Law and Criminal Law for Kentucky on
Q: If I have gifted my 19 year old boyfriend an AK-47 is he the legal owner or what steps can I take for this?
Timothy Denison
Timothy Denison
answered on Mar 14, 2024

You will need to file the ATF form to legally register the gun to him and transfer ownership out of your name.

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Kentucky on
Q: Seller wants a 30 day lease back option after closing. Will seller have full tenant rights after 30 days or during?
Timothy Denison
Timothy Denison
answered on Mar 14, 2024

Depends solely upon the terms of the lease and whether that is permitted under the lease agreement.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I was arrested on a warrant that had been quashed,because it hadn't yet been updated. I was then charged

With felony drug possession. Couldi successfully file a motion to suppress?

Timothy Denison
Timothy Denison
answered on Mar 10, 2024

No. No basis to suppress.

4 Answers | Asked in Bankruptcy for Kentucky on
Q: Can I apply for a credit card if I have received my chapter 13 discharge but not my final decree?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 10, 2024

Of course, you can ask for anything, but in my experience, creditors are quite leery of recent bankrupt debtors.

All creditors, in my experience, will insist upon a Discharge first, and many will want to see the final Decree and close of your bankrupcty case before considering your...
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1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: Can a landlord file criminal charges on a former tenant due to condition of the house in Kentucky

After 8 years, I received a written eviction from landlord for nonpayment, stating $1,090 was owed. I paid the $1,090 via cashiers check and moved out... although I thought a court hearing was necessary for a legal eviction in the state of Kentucky, but I could be wrong. I did, however, leave most... View More

James L. Arrasmith
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answered on Mar 31, 2024

In Kentucky, a landlord generally cannot file criminal charges against a former tenant solely due to the condition of the rental property upon move-out. However, the landlord may have the right to pursue civil action to recover damages if the tenant caused excessive damage beyond normal wear and... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Employment Law and Sexual Harassment for Kentucky on
Q: What can be done when an inmate has been sexually assaulted by a corrections officer?

My girlfriend was incarcerated at a women's prison facility in Virginia for several years. There's been two substantiated PREAS filed and found true. My girlfriend used 27 razor blades to take her own life when she was incarcerated all bc of this corrections officer and the way that she... View More

Timothy Denison
Timothy Denison
answered on Mar 10, 2024

If she took her own life, how is she now home with separation anxiety?

1 Answer | Asked in Landlord - Tenant for Kentucky on
Q: How to get someone out of a house you own that never has paid rent or had a lease?

My brother died and his daughter was staying with him before he died. The house I own they lived in at the time of his death and now she will not leave. How to kick her out? State is KY. Do I have to evict or can I just change the locks and remove her stuff. She is a on drugs so I’m afraid of... View More

James L. Arrasmith
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answered on Mar 31, 2024

I understand this is a difficult and stressful situation. I'm sorry for the loss of your brother. Here are a few thoughts on how to handle this legally and safely:

In Kentucky, even without a formal lease, the niece would likely be considered a tenant-at-will since she was living there...
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1 Answer | Asked in Civil Litigation for Kentucky on
Q: Kentucky. Does a Plaintiff have to identify a Defendant by their first and last name in a civil suit?

Someone at my address received a civil summons in District Court. But the Defendant’s first name is only one letter. For example, J. Doe. More than one person living here has a first name beginning with the letter. None of us have a legal first name with only one letter. None of us recall any... View More

Timothy Denison
Timothy Denison
answered on Mar 8, 2024

The Defendant should be identified by first and last name. The density may be able to be fully developed through discovery as the case proceeds.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: Someone (I think my brother) has got the deed to our land out of our locked gun safe. What can I do?

I have been a victim of v2k and remote neural monitoring and have been for about 6 years, and by the way, it does exist. There is a will that states the estate will come to me, but what will happen if my brother has stolen the deed from our gun safe? He knows some guys in law enforcement and has... View More

Anthony M. Avery
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answered on Mar 6, 2024

The only Deeds that count are the ones recorded at the Courthouse. If he has any unrecorded Deed that was never delivered to the grantee, it is not a complete transfer of title, for which you will have to file a suit for. Was the Will filed for Probate? If not, then it is of no effect, If... View More

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