Kentucky Questions & Answers by Practice Area

Kentucky Questions & Answers

Q: What needs to be done to adopt a child?

1 Answer | Asked in Adoption for Kentucky on
Answered on May 24, 2017

You need an attorney to petition the court for adoption and for termination of his parental rights.
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Q: We were in an accident in Kentucky in 2015. The at fault driver pulled out in front off us without looking.

1 Answer | Asked in Car Accidents and Personal Injury for Kentucky on
Answered on May 23, 2017

She's still having pain. Did she go to a doctor? Or did she make excuses. With no follow up there's no document to say she's still having pain.

No it doesn't sound good.

But I'm assuming you have an attorney. If not, she signed authorizations and the insurance company got to chat with her and now it's biting you. Why not get a free consult with a member of the Ky. Assn for Justice--they give free consults.Enough of d.i.y.!
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Q: If 4 witnesses said that I did something I didn't do, does my word even matter or will the court side with them?

1 Answer | Asked in Criminal Law and Car Accidents for Kentucky on
Answered on May 23, 2017

Depends on their credibility and yours. Check out "My Cousin Vinnie."

Certainly, if it's a car crash and the witnesses are all sitting in the car with the other driver, that's not necessarily a win for them. However if the four people are all divinity students with deity-like truthteller written all over their sincerely beaming faces, you'd want to think about the facts hard. That's why you need to at least get a consult from an attorney.
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Q: I have 3 kids with my ex bf. How do i go about getting full custody? He barely sees them or pays child support

1 Answer | Asked in Child Custody for Kentucky on
Answered on May 22, 2017

File a motion for sole custody. Hire a local attorney, they will know what the judge is likely to do with your particular set of facts.
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Q: I filed paper work for a divorce. Waited 60 days, and have a court date. Got mail saying it was denied. What do I do?

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Divorce for Kentucky on
Answered on May 22, 2017

You may want to consider hiring an attorney. If you have tried to do it yourself and you weren't able to get it done, there is probably something you are not doing correctly and it must be fixed before the court will grant your divorce/dissolution.
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Q: If I am partially at fault for a tramatic burn injury, is it possible I could still have a case?

2 Answers | Asked in Personal Injury for Kentucky on
Answered on May 22, 2017

Yes. Kentucky is a pure comparative fault state.
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Q: What is a nonjudicial foreclosure?

1 Answer | Asked in Foreclosure for Kentucky on
Answered on May 17, 2017

A non Judicial foreclosure is when the court is not involved in the lender recovering the property. In some states a deed of trust is held by a 3rd party and when the property is not paid for the lawyer who holds the title will convey the property to the bank upon default. Kentucky is s judicial foreclosure state but you can transfer the property with a deed in lieu of foreclosure or by a short sale. There are few or no advantages to your credit or a tax reason for doing a deed in lieu or a...
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Q: Does bankruptcy discharge child support obligations?

3 Answers | Asked in Bankruptcy for Kentucky on
Answered on May 16, 2017

No, it does not discharge child support obligations. You may be able to pay back arreages in a chapter 13 plan. Talk with a bankruptcy lawyer to see if chapter 13 might be a good option. Good luck!
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Q: Can I sue uninsured motorist who hit my car and left?

1 Answer | Asked in Car Accidents for Kentucky on
Answered on Apr 24, 2017

Talk to your insurance.Chances are they will sue him and you want them to include your deductible claim. Watch what you do if you agree to accept the deductible from the uninsured guy as you don't want to affect the insurance company's right to go after that person--if you do they'll be looking at you!
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Q: If I sell a car I fix and it breaks down and causes an accident, am I liable?

1 Answer | Asked in Car Accidents for Kentucky on
Answered on Apr 14, 2017

If you didn't disclose it to the seller. Yoiu should mention it gave problems, you have fixed it but they will need to have it looked at--or you have a specialist look at it. Sounds like something else maybe?
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Q: my boyfriend had a dog a month prior to us dating I helped take care of her for 6months and he passed I keep her

1 Answer | Asked in Animal / Dog Law and Estate Planning for Kentucky on
Answered on Apr 13, 2017

If the dog has 'papers' that would be essentially the 'title' to the animal. If it is in your name, the dog is yours. The fact that the license is also in your name solidifies that more.

It is YOUR dog, not your boyfriends no matter who 'thought' they owned the dog.
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Q: My father passed away with no assets. His home is in foreclosure. Do I need to probate will or file taxes on his behalf?

1 Answer | Asked in Probate and Tax Law for Kentucky on
Answered on Apr 5, 2017

No one is OBLIGATED to begin probate for anyone -- particularly when it makes no financial sense to do so, If the CREDITORS want to try to get at whatever assets they can then THEY will have authority to file probate, deal with the IRS etc.

If you have the original will however, state law probably requires you to turn that into the Probate Court in a brief amount of time even if you do not begin probate. I'd contact a local lawyer where your father resided to learn your specific duties...
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Q: My dad passed with no will and has 2 children. My sister is greedy, how do I handle this

1 Answer | Asked in Probate for Kentucky on
Answered on Mar 30, 2017

You'd better get a lawyer, file a probate proceeding, and get the court to order her to pay that money into the court asap. And you'd better move quickly, before that money is gone.
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Q: Widow killed by drunk driver. Can the two children cut the brother & sister out of settlement ?

1 Answer | Asked in Personal Injury and Wrongful Death for Kentucky on
Answered on Mar 29, 2017

Usually if there are minor children sibs would not take, but it depends on the law in that state.The attorney for the kids would know. If you are one of the sibs contact a member of the ky trial lawyers assn-they give free consults.
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Q: Can you file chapter 7 on federal income taxes

1 Answer | Asked in Bankruptcy for Kentucky on
Answered on Mar 28, 2017

Yes, there are very specific rules, but first and foremost, that you filed all returns timely and they were not fraudulent. You should contact a bankruptcy attorney to discuss your specific situation.
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Q: If an employee was full time when work related incident happened and got workers comp but changes status from full time

1 Answer | Asked in Workers' Compensation for Kentucky on
Answered on Mar 28, 2017

It depends on whether the worker has returned to work and what workers compensation benefit being referred to. If you return to work, after receiving TTD benefits, and then are reduced in hours, you will probably not receive additional TTD benefits. Your medical and all other workers compensation benefits should continue
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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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