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Kentucky Estate Planning 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 Agricultural Law for Kentucky on
Q: City passed a new ordinance a year after I have owned chickens and are saying I have to get rid of them am I grandfather

I’ve lived there for three years and owned chickens they whole three years and are now telling me I have to get rid of them new ordinance passed may 2nd this year

Timothy Denison
Timothy Denison
answered on Aug 25, 2022

One would need to see the ordinance and it’s history to properly answer this question.

1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Probate for Kentucky on
Q: 10 year old's dad died in car accident, brother and mom took next of kin and refuse to give my daughter ashes

My 10 year olds dad was killed in a car accident, his brother and mother have taken over the estate (we are in different states and weren't married) and had him creamted, and have told me they will not give any of my daughters dad's ashes to her. I have filed petetion for head of estate... Read more »

Timothy Denison
Timothy Denison
answered on Jul 28, 2022

You’ll have to file a lawsuit against the family and the estate regarding the ashes, but certainly nothing is going to be accomplished by 7/30/22. I am not sure it would be worth the cost of filing suit, but that is certainly your decision.

1 Answer | Asked in Estate Planning, Personal Injury and Probate for Kentucky on
Q: how can i have next of kin taken from my daughters dad's family and given to my daughter

they refuse to give her any of her dads ashes

Timothy Denison
Timothy Denison
answered on Jul 27, 2022

It is unclear what you are asking beyond taking ashes from next of kin and giving to your daughter. Many more facts are necessary to complete the picture and explain what is actually happening here.

1 Answer | Asked in Family Law and Estate Planning for Kentucky on
Q: My father passed away in 2005. Before he passed he asked for my 2 sons SSN. After he passed my mom wanted the SSN again.

I was told by a non family member he had left 4 grandkids something in his will. I believe my mom tricked me in to giving her their SSN after he passed so she can get their money. The reason I believe this is my mother had taken money out of my dad bank account before and was trying to blame me for... Read more »

Timothy Denison
Timothy Denison
answered on Jul 27, 2022

What is your question?

1 Answer | Asked in Estate Planning for Kentucky on
Q: Is a will legal if is only witness no lawyer name not in court
Timothy Denison
Timothy Denison
answered on Jul 26, 2022

One would have to actually see the will to correctly answer this question although it might possibly qualify as a holographic will.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: If someone passes away does their co-signer inherit the mortgage of their home or does their estate have to pay first?

Would that debt off the top as part of the deceased debt or be pushed over to the co-signer?

Timothy Denison
Timothy Denison
answered on Jul 16, 2022

Both the estate and the co-signer are still liable for the mortgage. From there, it Depends on whether the co-signer wants the property and is willing to finish paying the mortgage. Also depends on how title was held to the property. Lastly, if no agreement is reached, the court will simply... Read more »

1 Answer | Asked in Estate Planning for Kentucky on
Q: Does a titled vehicle count as property in the house left to someone in a will?

My wife is executor of her recently deceased uncle's will. She was left his house and all contents. He never signed the title of his vehicle over to her. Is it included as house contents, personal property or does she have to sell it and add money to estate for further distribution of assets... Read more »

Timothy Denison
Timothy Denison
answered on Jun 9, 2022

Linder the facts you provided, it does not go to her but should be sold to pays his debts or divided equally among the heirs if there are no debts.

1 Answer | Asked in Estate Planning for Kentucky on
Q: KY - Probate question (Setting Up Estate after Death) due to Wrongful Death (Potential) Large Settlement or Verdict

My father's mother passed away last year due to horrific bedsores while in nursing home care. She had 5 adult children. 2 had passed before her, and one (my father) passed AFTER her. A wrongful death suit has been filed. In KY only one representative (executor) her son can file lawsuit (done).... Read more »

Timothy Denison
Timothy Denison
answered on May 3, 2022

Yes. Based on the facts set forth, Your father will take under the will. You should open probate for him.

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 and Probate for Kentucky on
Q: I’ve been granted Administratrix of my mother’s estate. What do I do about her townhome?

I was granted administratrix of my mother’s estate this past September. She didn’t own a home but she lived in a townhome that is a co-op (she partially owned it) so she paid a certain amount down to move in & if she decided to sell it back to the complex, they’d give her her money back.... Read more »

Timothy Denison
Timothy Denison
answered on Mar 24, 2022

If all heirs agree, you can simply sign it over to him.

1 Answer | Asked in Estate Planning for Kentucky on
Q: My dad asked for my 2 sons SSN before he passed.After his funeral my mom calls wanting their SSN again.

What does that mean or what is she trying to do?

Timothy Denison
Timothy Denison
answered on Mar 24, 2022

Maybe establish a trust. Why do t you just ask her?

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Does leaving your spouse a house in a Will also include all the acres (farm) attached to the house, it's all on one deed
Timothy Denison
Timothy Denison
answered on Mar 15, 2022

One would have to see the deed to properly answer this question.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: My mother died without a will. I was named Administrator for her estate in January. We have an offer on her house.

Do I need to go to court to get permission to sell? Do I have to wait a certain time frame to sell?

Timothy Denison
Timothy Denison
answered on Mar 7, 2022

Yes. You must get permission from the court to sell the property. The court will set the time for all sale actions.

2 Answers | Asked in Estate Planning for Kentucky on
Q: My brother is dying, he has a will (free will.com) giving his home to his nephew. Once my brother dies is the house

automatically my nephews or do we have to wait 6 months? Should we go ahead and put the house in my nephews name before he passes ?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 7, 2022

My best advice is do not do anything without consulting with an estate planning attorney. Putting the house in the nephews' names now could have adverse tax consequences for them and also adverse government benefits planning consequences for your brother. You should also have that will... Read more »

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1 Answer | Asked in Estate Planning for Kentucky on
Q: Estate lawyer is giving me the run around. I need help or advice.

I was told it would take a month but she won't respond and I was supposed to sign paperwork. The man Intrusted is taking and selling thing even though there is money in the account to pay expenses. I told my leasing office that I didn't need to re-up because of the lawyer no I might be homeless.

Timothy Denison
Timothy Denison
answered on Feb 12, 2022

Consult a lawyer who specislizes in probate and estate planning and see if everything is being handled appropriately.

1 Answer | Asked in Estate Planning for Kentucky on
Q: So my grandfather was only one who had a will and his estate was open and closed without my grandparents home in the

Estate through court. My grandmother just passed away and my aunt is wanting to buy her house for owe amount but the other aunts are aren’t wanting that becusse the will say it all to be sold and money be give in equal shares.

Timothy Denison
Timothy Denison
answered on Jan 30, 2022

What is your question.

1 Answer | Asked in Estate Planning for Kentucky on
Q: My father was looking to get his share of the inheritance of his parents that passed away in Kentucky, what can he do?

Their house was sold and the money from this sale, as specified in the will, was supposed to be split among their surviving children. The estate still has not be closed and the money is effectively trapped in escrow because of the executor of the estate. He initially filed a suit against the... Read more »

Timothy Denison
Timothy Denison
answered on Jan 30, 2022

Hire a lawyer and file a motion in the probate case for a partial distribution until the estate can be finalized.

1 Answer | Asked in Estate Planning and Internet Law for Kentucky on
Q: My dad wants to deed me the land my trailer sits on my question is how much will it cost
Timothy Denison
Timothy Denison
answered on Jan 21, 2022

Depends on the fair market value of the property but likely wouldn’t be terribly expensive.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: My father was buying his home in KY on a land lease contract. Can I take over his contract as his next of kin?

My dad died last week in Kentucky and was very close to paying off his land lease contract. I think he only has about $4,000 left to pay. I am his only child and next of kin. Can I pay off the contract and get ownership of the property?

Timothy Denison
Timothy Denison
answered on Dec 26, 2021

Yes. You can.

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