Lawyers, Answer Questions  & Get Points Log In
Kentucky Elder Law Questions & Answers
1 Answer | Asked in Elder Law, Estate Planning, Family Law and Real Estate Law for Kentucky on
Q: When the will is executed, am I able to buy out the home for 2/3 of the market value using the inheritance $

I am set to be 1/3 heir of my grandfathers estate. Guardianship of my grandfather was recently granted to his friend, who also happens to be the eventual executor of his will. He was placed in an assisted living facility, and his home is currently vacant.

I was hoping to he able to move... Read more »

Timothy Denison
Timothy Denison
answered on Sep 25, 2022

No. The rental and the sale both will have to be at full fair market value in order to preserve your grandfathers estate. You may be able to rent it and buy it later, but they will both have to be at fair market value.

1 Answer | Asked in Estate Planning and Elder Law for Kentucky on
Q: What happens to a disabled adult after the caregiver & guardian dies and there is no inheritance to provide financially?

I am mom, caregiver and guardian to my adult son whom has significant disabilities. He is unable to care for himself due to cognitive and psychiatric disorders. I am the only person willing to care for him and I cannot continue this role much longer. I do not own any property or assets to provide... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Apr 3, 2022

I am not in Kentucky, but here is a link to resources that should be able to help you:

https://www.olmsteadrights.org/self-helptools/advocacy-resources/item.6987-Kentucky_Disability_Resources_and_Advocacy_Organizations

1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Kentucky on
Q: Any way to challenge a deed transfer from 7 years ago.

Family farm was deeded to stepmother 7 years ago. Just finding out after my father’s death last month. So far no known will. Supposed will from 20+ years ago per fathers conversation with son. Significant isolation of father by stepmother. She had power of attorney. He had significant history... Read more »

Timothy Denison
Timothy Denison
answered on Nov 5, 2021

You may be able to challenge it depending when you learned about the problem.

1 Answer | Asked in Family Law and Elder Law for Kentucky on
Q: We need to petition the court to move my mother to another state Where can i get the form to petition the court?
Timothy Denison
Timothy Denison
answered on Jul 22, 2021

Your local circuit court clerks office.

1 Answer | Asked in Elder Law and Landlord - Tenant for Kentucky on
Q: How do i get my daughtert and her family to leave my home. They refuse to pay rent.

My nearly 40 yr old daughter and her family moved in when they were evicted, and it was supposed to be temp. They do not pay rent and have totally trashed our house. We need them out of here as the stress is unbearable. Her husband smirked at us and said we couldnt evict them due to covid. Surely... Read more »

Timothy Denison
Timothy Denison
answered on Mar 1, 2021

Covid protections for evictions have expired. You can evict them now most anywhere in Kentucky. Simply go to your district court snd file a petition to evict. Also, if you ever catch them all gone from your home at the same time, simply set their belongings on the curb, change the locks and you... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Kentucky on
Q: Can an elderly person sell their home to family if they are already in nursing home paying privately?

Grandmother wanted to give me home before she had a stroke and had to go to nursing home. Can she still sell me the house from the nursing home? I keep telling her I don't want to get into legal trouble. I am her power of attorney we are paying for her care out of pocket so medicaid is not... Read more »

Timothy Denison
Timothy Denison
answered on Feb 26, 2021

Yes, presuming she is in her right mind and still wanting to transfer the house to you. I would NOT use the power of attorney to sign for her if she is of sound mind and can sign herself bc the POA use reeks of undue influence (even if there is none).

1 Answer | Asked in Elder Law, Environmental, Personal Injury and Real Estate Law for Kentucky on
Q: Is the owner of a mobile home park responsible for draining water directly under my mobile home, causing black mold?

There are french lines draining water from the top of the park directly under my mobile home going from N to S, and also from the top of a high hill going under my home going W to E. They're visible, I have a swamp under my mobile home, which I own, and it is damaged by black mold due to this... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2020

A Kentucky attorney could advise best, but your post remains open for four weeks. At this point you could reach out to attorneys to discuss in greater detail. If you gathered your medical records, that would be valuable in a legal consult. If the engineer provided you with a report, that could also... Read more »

1 Answer | Asked in Family Law and Elder Law for Kentucky on
Q: How can I force my parents POA to share their financial records with me and other siblings in KY?
Timothy Denison
Timothy Denison
answered on Sep 14, 2020

Short of a lawsuit against the POA, nothing you can do.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Elder Law for Kentucky on
Q: If there’s a joint will And one spouse dies Can the other spouse change the will or sell what was left to someone

She’s sold most the cattle and all the farm equipment which was lifted my dad . the land was divided between my aunt and my dad and it clearly stated in the will this portion go to my aunt and her son, and this portion go to my dad and his two sons I was 13 that was my home I was kicked out... Read more »

Timothy Denison
Timothy Denison
answered on Mar 10, 2019

It depends on the will joint will reads. You should consult a probate and estate planning attorney who can review it and tell you how to proceed.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Kentucky on
Q: My mom is in a nursing home and my question is if there is a nurse working there that I would prefer not to care for mom

My mom is in a nursing home and my question is if there is a nurse working there that I would prefer not to care for mom do I have the right to refuse the care of a nurse for my mom in the nursing home? My mom always gets her medicine by 8:30 pm and this one nurse gives it to her between 930 and... Read more »

Michael Reilly
Michael Reilly
answered on Jun 28, 2017

You need to address your concerns with the nursing supervisor and director of the home. However, if your mother is receiving her medicine as prescribed, it does not appear at this point there is a valid claim for abuse or negligence.

1 Answer | Asked in Criminal Law and Elder Law for Kentucky on
Q: If a family members stolen $13,000 by using a debit card, police report was filed and a detective was asigned

And waiting an arrest warrant can the charges be dropped simply because the person has agreed to repay the money? Mind you that at this point the bank has already returned $10,000 of the money. This would be a daughter stealing from her father with severe dementia. Elder abuse charges were also... Read more »

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 24, 2015

No, no, no. Theft is actionable in criminal court. She needs to get a criminal defense attorney on her side. Before she has someone post more questions on the internet which admit guilt she should seek the advice of a local criminal defense attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.