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Kentucky Elder Law Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Federal Crimes for Kentucky on
Q: I was severely beaten by an on duty cop and his wife were shopping at Walmart while he was on duty and in uniform.

I was placed on life support and this officer beat me within an1/2 of my life.I’m getting a little better but I am just now able to file a complaint and tell my story.in my opinion this officer is not in control of his actions he waited on me at Walmart in hazard ky and his wife started this and... View More

James L. Arrasmith
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answered on Mar 1, 2024

I'm truly sorry to hear about the traumatic experience you've been through. It's important to seek immediate assistance and support from local law enforcement agencies and medical professionals. Documenting all the details of the incident, including witness testimonies and any... View More

2 Answers | Asked in Estate Planning, Elder Law, Probate and Social Security for Kentucky on
Q: How do i navigate the death of my mother (was in process of writing a last will and test. but unable to finish)

Me, her daughter was POA in her living will but we hadnt been able to finish writing the last will and testament. I am to be the person to inherit her house and make sure it is available for her kids or grandkids to stay in if they should ever need a place We were talking about a dynasty trust or... View More

James L. Arrasmith
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answered on Nov 22, 2023

I'm sorry to hear about the loss of your mother. Navigating estate matters can be complex, especially in situations like yours where the last will and testament was not completed. As the person with power of attorney in her living will, you have a significant role, but it's important to... View More

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1 Answer | Asked in Estate Planning, Elder Law and Probate for Kentucky on
Q: tia, any lawyers offer installments or pro bono for dying intestate in Daviess County KY? should be fairly cut n dry

she owned her house, filed for bankruptcy quite a few years back, and didn't accumulate much debt passed quickly with no nursing home involved we were in the process of making her LWT but didn't get it finalized before she passed.

Timothy Denison
Timothy Denison
answered on Nov 28, 2023

Check with your local bar association or legal aid society. They maintain list of reduced or pro Bono lawyers.

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Kentucky on
Q: Is it illegal for a Power of Attorney to force the person to give the PA half of their narcotic pain meds monthly?

I know of an elderly woman and a disabled man that are being forced to give up their narcotic pain medication to their PA every month. If they do not do so they are threatened with nursing homes and homes for the mentally disabled. They have also been forced to cut contact with their... View More

Timothy Denison
Timothy Denison
answered on Jun 24, 2023

What you describe is a crime and should be reported to Adult Protective Services.

1 Answer | Asked in Criminal Law, Constitutional Law and Elder Law for Kentucky on
Q: There a person I know had a warrant got on her for driving on low tire in clay Co ky by her husband is this possible

I just like to know if this can be real

Timothy Denison
Timothy Denison
answered on Feb 1, 2023

No. It cannot be real unless there is much more to the story.

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... View 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 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... View More

Nina Whitehurst
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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, Real Estate Law, Elder Law and Probate for Kentucky on
Q: Any way to challenge a deed transfer from 7 years ago.

Family farm was deeded to stepmother 7 years ago. Just finding out after my father’s death last month. So far no known will. Supposed will from 20+ years ago per fathers conversation with son. Significant isolation of father by stepmother. She had power of attorney. He had significant history... View More

Timothy Denison
Timothy Denison
answered on Nov 5, 2021

You may be able to challenge it depending when you learned about the problem.

1 Answer | Asked in Family Law and Elder Law for Kentucky on
Q: We need to petition the court to move my mother to another state Where can i get the form to petition the court?
Timothy Denison
Timothy Denison
answered on Jul 22, 2021

Your local circuit court clerks office.

1 Answer | Asked in Elder Law and Landlord - Tenant for Kentucky on
Q: How do i get my daughtert and her family to leave my home. They refuse to pay rent.

My nearly 40 yr old daughter and her family moved in when they were evicted, and it was supposed to be temp. They do not pay rent and have totally trashed our house. We need them out of here as the stress is unbearable. Her husband smirked at us and said we couldnt evict them due to covid. Surely... View More

Timothy Denison
Timothy Denison
answered on Mar 1, 2021

Covid protections for evictions have expired. You can evict them now most anywhere in Kentucky. Simply go to your district court snd file a petition to evict. Also, if you ever catch them all gone from your home at the same time, simply set their belongings on the curb, change the locks and you... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Kentucky on
Q: Can an elderly person sell their home to family if they are already in nursing home paying privately?

Grandmother wanted to give me home before she had a stroke and had to go to nursing home. Can she still sell me the house from the nursing home? I keep telling her I don't want to get into legal trouble. I am her power of attorney we are paying for her care out of pocket so medicaid is not... View More

Timothy Denison
Timothy Denison
answered on Feb 26, 2021

Yes, presuming she is in her right mind and still wanting to transfer the house to you. I would NOT use the power of attorney to sign for her if she is of sound mind and can sign herself bc the POA use reeks of undue influence (even if there is none).

1 Answer | Asked in Elder Law, Environmental, Personal Injury and Real Estate Law for Kentucky on
Q: Is the owner of a mobile home park responsible for draining water directly under my mobile home, causing black mold?

There are french lines draining water from the top of the park directly under my mobile home going from N to S, and also from the top of a high hill going under my home going W to E. They're visible, I have a swamp under my mobile home, which I own, and it is damaged by black mold due to this... View More

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2020

A Kentucky attorney could advise best, but your post remains open for four weeks. At this point you could reach out to attorneys to discuss in greater detail. If you gathered your medical records, that would be valuable in a legal consult. If the engineer provided you with a report, that could also... View More

1 Answer | Asked in Family Law and Elder Law for Kentucky on
Q: How can I force my parents POA to share their financial records with me and other siblings in KY?
Timothy Denison
Timothy Denison
answered on Sep 14, 2020

Short of a lawsuit against the POA, nothing you can do.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Elder Law for Kentucky on
Q: If there’s a joint will And one spouse dies Can the other spouse change the will or sell what was left to someone

She’s sold most the cattle and all the farm equipment which was lifted my dad . the land was divided between my aunt and my dad and it clearly stated in the will this portion go to my aunt and her son, and this portion go to my dad and his two sons I was 13 that was my home I was kicked out... View More

Timothy Denison
Timothy Denison
answered on Mar 10, 2019

It depends on the will joint will reads. You should consult a probate and estate planning attorney who can review it and tell you how to proceed.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Kentucky on
Q: My mom is in a nursing home and my question is if there is a nurse working there that I would prefer not to care for mom

My mom is in a nursing home and my question is if there is a nurse working there that I would prefer not to care for mom do I have the right to refuse the care of a nurse for my mom in the nursing home? My mom always gets her medicine by 8:30 pm and this one nurse gives it to her between 930 and... View More

Michael Reilly
Michael Reilly
answered on Jun 28, 2017

You need to address your concerns with the nursing supervisor and director of the home. However, if your mother is receiving her medicine as prescribed, it does not appear at this point there is a valid claim for abuse or negligence.

1 Answer | Asked in Criminal Law and Elder Law for Kentucky on
Q: If a family members stolen $13,000 by using a debit card, police report was filed and a detective was asigned

And waiting an arrest warrant can the charges be dropped simply because the person has agreed to repay the money? Mind you that at this point the bank has already returned $10,000 of the money. This would be a daughter stealing from her father with severe dementia. Elder abuse charges were also... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 24, 2015

No, no, no. Theft is actionable in criminal court. She needs to get a criminal defense attorney on her side. Before she has someone post more questions on the internet which admit guilt she should seek the advice of a local criminal defense attorney.

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