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Kentucky Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Probate, Real Estate Law and Identity Theft for Kentucky on
Q: I need HELP! In KY my dad died in 2013 & my mamaw in 2014. I didn’t know about probate & I was never told about it..

I have been doing research n have found that I don’t think it was ever properly done. The probate in either dads or mamaws estate. Monday will be 10 years since my dads death & I have never seen any types of docs or proof of anything. It looks like by the courthouse docs that everything is... Read more »

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

You need a local attorney who has access to all the necessary information.

1 Answer | Asked in Estate Planning for Kentucky on
Q: When settling an estate as the executor, which debts legally have to be paid?

There will not be enough to cover funeral expenses and pay all outstanding debts.

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

The funeral expenses first and then whatever legitimate debts are filed as a proof of claim.

1 Answer | Asked in Estate Planning and Family Law for Kentucky on
Q: Which is legal a prepared will signed and notarized or a notebook with no signature or witnesses?
Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Prepared will signed and notarized is the legal standard. The notebook with no witnesses and not signed is worthless.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Hi, what are the consequences of not formally closing an "estate" if no taxes are owed, all debts are paid and money is

distributed to heirs?? Will the court come after the administrator??

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Yes. They could sanction the administrator, remove the administrator or make the administrator pay the cost of finalizing the estate because the estate must be properly closed..

2 Answers | Asked in Criminal Law and Estate Planning for Kentucky on
Q: The house I live in was in my exs name, I signed a document stating house was ours til he dies. Can he kick me out?

He bought the house for Me. I've lived here 6 years alone. He's in a separate house.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 9, 2023

It depends what the terms are in the document you signed stating you both have ownership in the home or the right to live there.

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2 Answers | Asked in Probate and Estate Planning for Kentucky on
Q: In Kentucky, will a house typically be sold to pay off debts?

My dad is a veteran who lived in KY with my adult brother and his autistic son. His house is in his name. He has almost no assets ( 14 year old car and paid off double wide trailer). He has a will and left trailer to myself and brother with contingency that my brother can continue living there.... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jan 3, 2023

Probate is probably a bad option with little assets and debt out there. You can check the Courts in the Father's County to see if there are any money judgements out there against him which might also be a lien. Consult a KY attorney for advice about the trailer title. Remember someone has... Read more »

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1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Kentucky on
Q: My mom died 2 yes agoand I lived with her took care of her till she passed and still living in the home my child hood

Home that's been in my family for over 30 years and I signed a waiver for probate hearing to appoint my brother as administrator of estate cause my mom dies without a will but my brother and my mom both was homeowners on the land house deed anyways my brother told me I could live here till I... Read more »

Timothy Denison
Timothy Denison
answered on Jan 1, 2023

Yes. Your brother can sell it and the new owner can have you removed. With no will, mothers estate will be divided among her children so you will have to either buy out their shares or sell your share and receive the money.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Kentucky Last Will directs payout for life insurance, conflicts life insurance beneficiary listed.

A Kentucky attorney created a will that details life insurance payout and how the funds should be used (split into 4 and used for school tuition etc.) The life insurance company only has one beneficiary listed, who happens to be the executor of the estate. There is an open probate case currently,... Read more »

Timothy Denison
Timothy Denison
answered on Nov 21, 2022

Life insurance passes outside probate unless the estate is the beneficiary. If the executor is the beneficiary, the proceeds should pass outside probate.

2 Answers | Asked in Estate Planning for Kentucky on
Q: After my husband's passing 10 years ago do I have to leave them anything in my will at my passing they never visit call

Or anything unless to start drama. They say I have to have my home sold and divided equally with them as he and I had 8 children we adopted plus 3 of ours together I have paid every payment tax and insurance on the house the last 10 years. Alone and still owe 8 more years on it

Nina Whitehurst
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Nina Whitehurst
answered on Nov 15, 2022

As a general rule, you do not have to leave anything to anybody in your will if you don't want to, unless you have entered into some kind of contract that says otherwise (some people do). But that is not the end of the inquiry. The question is whether you own the house 100% solely in your... Read more »

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1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My husband passed away 10 years ago I never went to probate court but now I need to to be able to transfer a old motorcy

Probate said I need to get all his biological children over 18 to sign off on it but his 3 older ones won't saying they would be signing their rights away to my house. But deed states that if either of us dies first house goes to surviving spouse. Do they have right to my house in my passing... Read more »

Timothy Denison
Timothy Denison
answered on Nov 13, 2022

They have no right to you house as it passed to you pursuant to the deed. Ask if you can do a dispense with administration. If not, you will have to file to open probate and get appointed administratrix in order to sell the bike. In any event, his adult children probably get nothing.

1 Answer | Asked in Estate Planning for Kentucky on
Q: We have lived with my mom for 16 years and took care of her. She passed away and now my brother says we need to get out

We need time to get a place to go. Is 6 months too long

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

You’ll either have to reach an arrangement with the estate to stay in the house and rent/buy it or you’ll have to move out. Many factors can’t impact it, but 30-60 days is usually the time given to move if no agreement is reached.

1 Answer | Asked in Estate Planning, Environmental and Native American Law for Kentucky on
Q: If I wanted to donate land to an Indigenous tribe, where would I start?
Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Research the various tribes, determine to whom you want to donate the land and then transfer the property to the donee.

1 Answer | Asked in Estate Planning for Kentucky on
Q: My dad borrowed money against my life insurance policy. He recently passed away. Can I have the estate reimburse me?

This policy is from 1980, and dad purchased one for all his children. I had no idea he had borrowed against it.

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

No. You were the beneficiary. At the time he cashed the policy in (and was alive), the policy belonged to him and him alone. It is a pre-decease transaction.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Selling deceased mom's house. 4 siblings are going to divide what we get out of it. Do we have to pay taxes on it. In Ky

4 siblings, oldest has control over estate.

Timothy Denison
Timothy Denison
answered on Oct 27, 2022

Depends on the value of the house but most likely the answer is no tax due.

2 Answers | Asked in Probate and Estate Planning for Kentucky on
Q: My mother passed away 3 yrs.ago.She had mirror wills with my stepfather. My stepfather now wants to change his will.

Is it legal to chane the wills now,after her death?

Thank you in advance for your response

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 24, 2022

He can always execute a new Will, but disappointed legatees/devisees might contest the Will when Probated. The argument is a mutual will under contract, but it is hard to prove and win on. It can also be hard to effectively revoke the existing document, if he does not have possession of it.

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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

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