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Kentucky Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law, Contracts and Civil Litigation for Kentucky on
Q: Can I overturn a mediation agreement if there unclear deadlines, changes in terms and duress when signing

I signed a settlement agreement for a civil case partly to attorney's advice, of high trial costs, limited 60-day prep window and legal fees aren't awarded even won? I wasn’t told mediation document was a memorandum or the plaintiff didn't have a deadline to fulfill terms like... View More

Timothy Denison
Timothy Denison
answered on Nov 25, 2024

you can certainly file a motion to be relieved from the mediation agreement, but since you were represented by counsel and signed the agreement voluntarily, you have an uphill battle on your hands. You should sit down with your lawyer and go over the terms and make sure you understand them before... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: If i made a shirt with a name on it that is now a trademark, can I be reported for copyright?

I made a shirt for my daughter 2 years ago that says "zach bryan" with a photo that she picked of a longhorn. Facebook notified me that I have been reported for copyright Infringment but I don't see how as my daughter picked a photo I made on the computer. It was not copy and pasted

Patrick Cummins
Patrick Cummins
answered on Nov 13, 2024

If the copyright infringement allegation is directed to the picture of the longhorn, and you captured the image of the longhorn or you drew it yourself, you are likely not at fault. If someone else drew the image of the longhorn, or captured the image of the longhorn with their camera, then you... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Kentucky on
Q: I need advice on how to take action against an uninsured driver.

In April this year I was a passenger in a taxi and another driver side swiped us. At this point I'm on my third law group and know that the driver that side swiped us had no car insurance. So far I've only been told that I can prosecute them for hitting us and not having any car... View More

John Amos Whatley
John Amos Whatley
answered on Nov 11, 2024

There are two avenues in which a person that is driving while uninsured is held accountable for their actions. The first is the criminal track. Criminal actions are prosecuted by the state. The ultimate decision to pursue a criminal action lies with the state.

The second track is by way of...
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1 Answer | Asked in Employment Law and Tax Law for Kentucky on
Q: If I work for someone for over 10 years under the table and they fire me how do I get money owed to me
Rob Astorino Jr.
Rob Astorino Jr.
answered on Nov 8, 2024

You should contact an experienced Kentucky employment attorney immediately. Kentucky law states that any employee who leaves or is discharged from his employment shall be paid in full all wages or salary earned by him no later than the next normal pay period following the date of dismissal or... View More

1 Answer | Asked in Medical Malpractice for Kentucky on
Q: On 2 separate occasions I have been prescribed medicine that can kill me and it's well documented in my files

I was admitted both times and was wearing the red warning bracelet and they prescribed it anyways

John Amos Whatley
John Amos Whatley
answered on Nov 8, 2024

In Kentucky, a plaintiff must meet the burden of proof on all four elements of a tort to be successful in a medical malpractice claim. Those four elements are duty of care, breach of standard of care, causation, and damages.

Duty of Care: Show that a healthcare provider had a duty to...
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2 Answers | Asked in Adoption, Child Custody and Family Law for Kentucky on
Q: if an adopted child turns 18 and the parent has power of attorney can the child still leave
Rob Astorino Jr.
Rob Astorino Jr.
answered on Nov 8, 2024

Yes. However, the if the child is disabled, you could file a petition for guardianship, conservatorship, limited guardianship, limited conservatorship and/or a combination those representative roles.

"Disabled" means a legal disability, not a medical disability, and is measured...
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2 Answers | Asked in Animal / Dog Law for Kentucky on
Q: My dog supposedly jumped our fence and damaged the neighbors non fenced pool. Are we liable for cost of replacement?

We live out in the country and have seen racoons, opossum, deer, foxes, bob cats, coyotes, stray dogs, ect. around the area. Supposedly one of my dogs got out of our fenced in yard and jumped in our neighbors pool damaging the pool cover and the pool. They have not presented any evidence that it... View More

John Amos Whatley
John Amos Whatley
answered on Nov 8, 2024

In Kentucky, any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage. See KRS 258.235.

I recommend that you give your homeowners insurance carrier notice of the potential loss. I would also give your neighbor your...
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1 Answer | Asked in Personal Injury and Car Accidents for Kentucky on
Q: I need help, direction, and advice on what kind of a lawyer to contact.

Aside from me calling around and talking to different lawyers I want to say that aside from being a very messy and complicated case I would like to know what kind of a lawyer could help me if I don't want a financial recovery and I just want to use my personal Medicaid health insurance for all... View More

Tim Akpinar
Tim Akpinar
answered on Nov 3, 2024

A Kentucky attorney could advise best, but your question remains open for almost a month. Sorry about your accident. It sounds like the law firms with whom you consulted are reluctant to place the matter into suit. One option is to continue to reach out to attorneys. If a number of law firms... View More

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Dcbs question about our child

Me and my girl has dcbs involved over my depression mistake..if we make it to were she has 100% custody of our daughter what will dcbs do/ can do to me if I'm not in household no more???

Timothy Denison
Timothy Denison
answered on Oct 26, 2024

Most likely even if you do give her 100% custody, they will still require you to complete their regimen before you can have contact with the child. You probably should hire the best family court lawyer you can and deal with it head on once and for all rather than giving her custody and hoping it... View More

2 Answers | Asked in Car Accidents and Wrongful Death for Kentucky on
Q: If an at fault person is hit by oncoming car who could have missed him is there wrongful death?

The deceased lost control ended up in opposite lane oncoming car could have missed him but smashed him into ditch and tree and killed him

John Amos Whatley
John Amos Whatley
answered on Nov 8, 2024

Maybe. It depends on the state in which the wrongful death accident occurred. Kentucky uses a "pure comparative fault" system for automobile accidents and wrongful death cases, where each party involved is assigned a percentage of fault based on their contribution to the accident. In this... View More

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1 Answer | Asked in Small Claims for Kentucky on
Q: Is contractor responsible to fix my septic tank?

I had tree work done in my back yard. Contractor asked where septic was when doing the estimate I let the contractor know that my septic was in the front yard. Come to find out I was wrong and it was in the back yard and got damaged during the tree work. At the bottom of their estimate sheet it... View More

Tim Akpinar
Tim Akpinar
answered on Oct 25, 2024

A Kentucky attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, my general analysis is that a court would side with the contractor. This is because (1) the contractor's disclaimer is clear and reasonable, (2) the... View More

1 Answer | Asked in Car Accidents and Personal Injury for Kentucky on
Q: I need help/advice for a personal injury lawyer for a very complex personal injury case.

I would like to say that I am doing my own research and am asking for others' help right now. In April this year I was a passenger in a taxi and another driver side swiped us going maybe 20-30 miles per hour. I have lots of other pre-existing lower back problems and neck problems from... View More

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2024

I'm sorry about your accident and the ordeal it has caused you. A Kentucky attorney could advise best, but your question remains open for a week. You're right - it is a complex case, between the pre-existing conditions and the involvement of multiple vehicles - but it isn't something... View More

2 Answers | Asked in Criminal Law, Real Estate Law and Civil Litigation for Kentucky on
Q: How can I prove a DEED is FAKE or FORGED or FRADULENT?

100 Acre farm purchased by a set of four brothers and held with undivided interest for over 18 years. THEN they decided to divide the farm into parcels (one for each brother/spouse). BUT they specifically left ONE tract deeded amongst ALL of them (main entryway onto property and also included a... View More

Anthony M. Avery
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answered on Sep 26, 2024

It would be almost impossible to backdate the recording of a deed at the courthouse. But the deed should be examined very closely, especially checking out the notary's commission and the signatures themselves. Notary should be found and questioned. Whoever drafted the deed should be... View More

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1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: I currently have temporary custody of my Niece and Nephew. Could I possibly get full custody?

I have had my niece and nephew since February due to their mothers drug issues. We recently was awarded temporary custody. I believe because of their mothers mental state and previous drug use that she will never be able to fully take care of them and want to get full custody of them. Do you think... View More

Donald McClellan
Donald McClellan pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2024

Temporary custody can become permanent if the biological parents are deemed unfit parents by the state. If you have temporary custody due to CPS becoming involved and starting a case, the court will give the biological parents time to become fit or there will eventually be a hearing to terminate... View More

1 Answer | Asked in Child Custody and Family Law for Kentucky on
Q: Custody, family

I am 16 years old, i was taken away from my mom and dad 5 years ago at 11 for substance issues and more. My parents failed to get sober in the amount of time to get me back, therfore my grandma got custody of me. I am scared of her, uncomfortable around her, overall uncomfortable in my own life. I... View More

Timothy Denison
Timothy Denison
answered on Sep 25, 2024

Probably your best course of action is to have dad file a motion for return of custody to him in the case where grandma was given temporary custody. That will get you before the court at which point you can ask to speak to the judge directly and tell him/her what your wishes are regarding custody.

3 Answers | Asked in Bankruptcy and Collections for Kentucky on
Q: Can a debt collector who placed a judgement lien on my home, also garnish wages? (In reference to a repo'd vehicle)

Co-habitation or significant other and I share debt. I own my home while my partner did not own property when he filed bankruptcy. I attempted a Chapter 13 but it was dismissed as the courts wanted more than I can pay. I did not want to loose my home. Bankruptcy attorney instructed us to return the... View More

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Sep 23, 2024

A debt collector is not restricted to just attaching your home. He can garnish wages, a bank account, and even attach a car or furniture to be sold to satisfy the debt. All at the same time but he is limited to the amount of the debt. The judgment often allows him to collect interest and... View More

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2 Answers | Asked in Real Estate Law and Civil Litigation for Kentucky on
Q: Can I sue title company for giving me a deed when I paid cash and then a year later finding out there's a lien

Bought a house a year ago title company said clean title paid cash now they're telling me that an old loan I'm 20 years ago that I was not aware of is foreclosing on the house that I paid cash for. Can I sue the title company but not finding this

Anthony M. Avery
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answered on Sep 11, 2024

Title companies claim not to represent anybody, so no duties owed. There are still some causes of actions against them, but it is tough. If a lawyer was involved, it may be possible to go after him legally and/or professionally. If there was a warranty deed, breach of covenants against... View More

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1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My dad died 12/06/23, he lived in Allen County, KY, and had no will.

Wife is deceased, has 3 children/heirs, my 2 brothers and I. His assets: $36,500 that he was about to inherit from his mother’s estate, and a 2016 Nissan Versa that needs transmission repairs in order to be drivable. My 2 brothers and I agree that I will be the administrator of his estate. Is it... View More

Timothy Denison
Timothy Denison
answered on Sep 5, 2024

It appears you will not be able to dispense with administration because your dad’s estate is over $30,000, which is the maximum amount of assets that can be dispensed. Contact a local lawyer who can guide you through the process, which should not be terribly complicated given your description.

1 Answer | Asked in Estate Planning for Kentucky on
Q: I have a 2 year old niece I want to name as an heir.

I have a 2 year old niece, who I want to name as an heir. I do not want her parents, my brother and sister-in-law, to have access to the money. I want her to inherit it when she becomes an adult. How do I accomplish this?

Anthony M. Avery
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answered on Aug 20, 2024

Your heirs are determined at your death, not while you are alive. For money a trust will be in order with a good Trustee running it until the Trust is executed and distributed to the grown Niece. If land is involved, hire a competent KY attorney to draft a future interest deed with the Niece... View More

1 Answer | Asked in Estate Planning, Family Law and Landlord - Tenant for Kentucky on
Q: What time of attorney should I seek?

I just found out that my brother and i co own a home (bc our mother died) with our aunts. My grandmother has been gone 9 years (mom almost 11 years). I rented her home from my aunt's for 3 years and 8 months without knowing I was a co owner. I paid roughly 25 000 in rent. Do I have a case? And... View More

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2024

A Kentucky attorney could advise best, but your question remains open for two weeks. What kind of attorney? Maybe a starting point would be an attorney who deals with wills and estates (it looks like you're already pointed in the right direction with your selection of the "Estate... View More

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