Kentucky Questions & Answers by Practice Area

Kentucky Questions & Answers

Q: Do I need a quitclaim deed if I have a divorce decree saying the home is mine and the title is Married sole and separate

1 Answer | Asked in Family Law and Real Estate Law for Kentucky on
Answered on Mar 22, 2017

It may be that they are asking her to abandon any possible claim that she has a homestead interest in the house. In most states, when married people live in a house that at least one of them owns, either of them may have a homestead right to occupy the house for the rest of their life even without being named in the record title. Thus, even though she didn't own the house, if she lived there with you as your marital residence she may have a claim to a homestead interest. You were married...
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Q: Can I sue?

1 Answer | Asked in Personal Injury and Landlord - Tenant for Kentucky on
Answered on Mar 16, 2017

Not so much for the depression but yes. He took your property. That's conversion. Contact a member of the Ky.Assn for Justice--they give free consultations. Another source would be call legal services/ legal aid, ask for their landlord tenant unit, find out if any of their attorneys went into private practice. Good luck!
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Q: If I pay someone for art of my already copyrighted character, is it copyrighted to me or both of us?

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Answered on Mar 10, 2017

It would be preferable to have a formal "work for hire" contract with the artist, but since you purchased the work the presumption is that it conveyed with all property rights, especially as it is of your character.
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Q: Can you file chapter 7 on fed taxes

1 Answer | Asked in Bankruptcy for Kentucky on
Answered on Mar 5, 2017

Yes. There are 6 factors. FIRST the taxes must be at least 3 years old. SECOND you must file the returns at least 2 years before filing the bankruptcy. Third there must be no assessment within 240 days before the bankruptcy. Fourth filing any bankruptcy filed within the 3 year period will increase the waiting periods. FIFTH there must be no fraud or effort to evade the tax. Finally an offer in compromise will extend dates. A good bankruptcy-tax attorney will make this easy. MISS THE...
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Q: Hello , I am an alien i have a asylum pending case , and an approved I-130 application , what should I do? Thankfully

1 Answer | Asked in Immigration Law for Kentucky on
Answered on Feb 27, 2017

Depending on who filed the i-130 for you, you can dismiss your asylum case and file an adjustment of status. My suggestion is that you consult with an experienced immigration attorney before you make a decision.
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Q: Hi, my father wants to kick me out of his house in KY, does he need eviction notice or can he just have me removed?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Kentucky on
Answered on Feb 26, 2017

Hard to say, with only the information in your question. But it sounds like he has been letting you live there and that you have no type of legal "ownership" interest in the property such as a leasehold interest or a term of years or what-have-you. If that is the case, if he asks you to leave and you refuse, you would be a trespasser. Generally, without an enforceable right in the property, you wouldn't be entitled to any kind of notice before being forcibly removed. There may be other...
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Q: I hit deer by Louisville ky. A semi truck company towed to shop. Are they aloud to impose impound fees, are fees capped?

1 Answer | Asked in Car Accidents for Kentucky on
Answered on Feb 23, 2017

You have to pay a storage fee. Nothing is free. You need to see if you can get off with less, but the amount is growing every day!
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Q: Can your probation be modified without my agreement or past my telease date

2 Answers | Asked in Criminal Law for Kentucky on
Answered on Feb 20, 2017

Yes, your probation is determined by the judge and can be modified as circumstances change regardless of your consent because you were found guilty of a crime (either you had a verdict or plead guilty). Probation often goes past release dates. The best thing to do is talk to a lawyer and have that person represent you before the judge.
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Q: What is top pay out if win case where man ran o er me

1 Answer | Asked in Car Accidents for Kentucky on
Answered on Feb 19, 2017

Depends on how it happened, what your injuries are, what the polce report says. Rather than go online, why not talk to a member of the Kentucky Justice Asspcoatpm==they give free consults.
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Q: My grandparents will is being contested. My dad is the beneficiary but he lost his lawyer. Does he need to have one?

1 Answer | Asked in Estate Planning for Kentucky on
Answered on Feb 17, 2017

Let me answer this question by asking another question. Your dad has to have his appendix removed. He just lost his surgeon. Does he need to have one or can he 'do it himself'. It is a simple operation after all.

ANYONE having a challenge in court needs to be represented. EVEN AN ATTORNEY would be foolish to try to handle a contested matter alone! Yes, your Dad needs an attorney in his corner.

Without seeing the case and the situation the likely outcome is anyone's guess, but...
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Q: Was I entitled to any of the estate of my minor daughter that passed away from her injuries due to the car accident.

2 Answers | Asked in Wrongful Death for Kentucky on
Answered on Feb 15, 2017

You should contact a lawyer and go through the facts of this case. You listed Kentucky, which has a one-year statute of limitation in which to bring a personal injury lawsuit. Ky. Rev. Stat. § 413.140(1)(a). Based on these facts, claims that your daughter's estate may have had against the other driver would appear to be barred over four years later.

If the insurance covered your daughters' death, then the money would be paid into the estate and then distributed according to the laws...
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Q: I was terminated from my job 3 weeks ago with a communications company in Kentucky.

1 Answer | Asked in Employment Law for Kentucky on
Answered on Feb 15, 2017

These claims are very fact specific, but you may have a claim for age discrimination and you may also have a claim for unpaid overtime if the company misclassified you as an "independent contractor."
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Q: Can the IRS levy your SSI? I only recieve 735.00 a month & they took my whole 100.00 savings leaving my acct with zero.

2 Answers | Asked in Tax Law and Social Security for Kentucky on
Answered on Feb 11, 2017

Contact a Low Income Taxpayer Clinic in your area. You can run a search by going to the Taxpayer Advocate Service website.

If your situation is accurate, the clinic should be able to help you.
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Q: Who gets reimbursement (employer or WC) if I was mistakenly paid by both? How long do I have to repay if short now?

1 Answer | Asked in Workers' Compensation for Kentucky on
Answered on Feb 9, 2017

Contact a member of the kentucky Justice Assn who handles workers comp in your county-they give free consults.
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Q: I got Arachnoiditis after a back fusion. Is this a case for pain and suffering. I am much worse now

1 Answer | Asked in Medical Malpractice for Kentucky on
Answered on Feb 7, 2017

It's likely on the document you signed acknowledging the risk of everything from hives to death. However it's serious so speak with a member of the Ky Assn for Justice who handles medical cases--they give free consultations.
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Q: Mom and Dad own home jointly in KY for 11 yrs; mom dies with no will (3 living children). Does house go directly to Dad?

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Answered on Feb 7, 2017

If Mom and Dad own the home as joint tenants with right of survivorship (which would be reflected in their Deed), the house would pass to the surviving joint tenant (Dad) directly. It would not be controlled by her will or lack thereof. If, however, Mom and Dad own the house as Co-tenants, the result might be very different. If this appears to be the case, consult a local attorney. Many offer free initial consultations. Good luck to you.

PS: My answers here are for general...
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Q: I intend to obtain a K 1 fiance visa for my girlfriend. Issue is she over stayed her prior student visa by 5 yrs. Hope?

1 Answer | Asked in Immigration Law for Kentucky on
Answered on Feb 1, 2017

Your fiancé will need a hardship waiver or she will need to wait 10 years from the date she last departed the USA before she can be granted a visa.
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Q: If i climb a construction crane could i do jail time or just pay some fines?

1 Answer | Asked in Construction Law and Criminal Law for Kentucky on
Answered on Jan 29, 2017

You could do jail time depending on what the prosecutor wants.
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Q: How far behind do I have to be before the bank can start the foreclosure process?

1 Answer | Asked in Foreclosure for Kentucky on
Answered on Jan 28, 2017

You only have to be contractually late to be in default. However most mortgage companies will start a foreclosure when you are 2 payments behind. It is a pretty stiff late charge and real damage to your credit. When the mortgage becomes 2 payments behind they will start to refuse to take your payments. They start to wrap up the file and they are in the process of sending it to an attorney. You will be sued at the 6 month stage and served by a sheriff or by certified mail. It is still...
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Q: My daughter is 15 and was assulted by 2 different girls in the same day different times

1 Answer | Asked in Criminal Law, Personal Injury, Education Law and Juvenile Law for Kentucky on
Answered on Jan 27, 2017

Talk to an Education Law Center if they have one ; contact a member of the Kentucky Justice Assn who handles education issues--they give free consultations.
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