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Kentucky Estate Planning Questions & Answers

1 Answer | Asked in Estate Planning for Kentucky on

Q: Would like to keep inherited house but not inherited vehicle, both of which have loans.

I've inherited a few properties and a truck from my father. I am executor of estate and singular beneficiary. The house and the truck both have loans. I gave the truck back to the bank, thinking that would take care of that loan. They tell me I still owe 7000 from the truck loan. The estate does... Read more »

Timothy Denison answered on Jul 24, 2019

Your best option is just to keep the vehicle and pay the loan. You are not personally liable for any of the debt, but the debt must be paid from the estate (or you) before you can distribute assets to yourself.

1 Answer | Asked in Family Law and Estate Planning for Kentucky on

Q: My sons father has passed the insurance company is requiring me (biologic mother) to get legal guardianship how/why

I dont know what it is I need to do but we have no money for court/lawyer

Timothy Denison answered on Jul 6, 2019

They require this to make sure the money is put into a blocked account for the child. You can go to probate court and do it on your own.

1 Answer | Asked in Estate Planning for Kentucky on

Q: Mom passed away suddenly and without a will. Am I legally able to live in her house being her administrator?

Not only am I her administrator, im her only child and she has no surviving spouse. Can I live in her house if I make mortgage payments? Does the mortgage have to be in my name? And can credit card companies send her debts to collections and try to force me to sell the house just for a 4,000 debt?... Read more »

Timothy Denison answered on Jul 2, 2019

Same answer as other question.

1 Answer | Asked in Estate Planning and Probate for Kentucky on

Q: I have a question about becoming administrator of an estate

my biological mom passed recently and there was no will left. where I was adopted out of foster care I am wondering if the court won't grant me power of estate. Its just me amd my half-sister and she is a minor. nobody is contesting it. should I bring any documents like my original birth... Read more »

Timothy Denison answered on Jun 14, 2019

If her rights to you were terminated, you no longer have the right to inherit from her. If they were not terminated, then you can petition the Court to be appointed administratrix of her estate.

1 Answer | Asked in Estate Planning for Kentucky on

Q: How can a will be protested by myself and my 2 brothers? What type of attorney would I get

Timothy Denison answered on Jun 13, 2019

You would need a civil attorney who handles will contests.

1 Answer | Asked in Estate Planning for Kentucky on

Q: I live in Kentucky, husband died 5/2/19 our son is Executor of the estate, I was disinherited from the Will .

49 years of marriage with all property, automobiles, all assets in my deceased husbands name only, deceased husband left me only the right to live in the marital home, giving 4 automobiles to our son, a total of 2 houses on the 28.76 acres to our son, if I contest the will and ask for Dower in... Read more »

Timothy Denison answered on May 18, 2019

If you were still married, you are entitled to 1/2 the real property and 1/2 the personal property. You need to have an attorney look at this immediately.

1 Answer | Asked in Estate Planning for Kentucky on

Q: I am 73 wife 70 daughter handicapped what is best way to protect assets for her in Ky

Want to protect my assets for her, as she has none.

Timothy Denison answered on Mar 21, 2019

Well, first we would have to know what her assets are in order to address protecting them.

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... Read more »

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 Estate Planning and Probate for Kentucky on

Q: What is my next step?

My sister passed in 2007. I was executor of her estate. She had no will and everything went to me and my brother and sister. Everything was done correctly and estate closed. Recently I discovered money on the KY unclaimed property site. what should I do?

Timothy Denison answered on Feb 26, 2019

File a motion to reopen the estate, get reappointed, then claim the unclaimed money, show equal division amongst heirs, have them sign off on it, then file a supplemental final settlement.

1 Answer | Asked in Estate Planning and Probate for Kentucky on

Q: Is a will legal in Kentucky, if the testators signature is misspelled 2 times?

My grandmothers will was executed by her nephew and his lawyer.they brought the will to the hospital when she was in ICU and she misspelled her name 2times.is there also undue influence because the majority of her estate benefits him and his brothers and sisters(17 ofthem) and I never met one of... Read more »

Timothy Denison answered on Feb 3, 2019

If she was in Her right mind when she signed it, the signatures are valid, misspelled or not. However, the undue influence claim will have to be determined in a will contest action. Check with her physician, who will be in the best position to tell you whether she was capable of signing a will... Read more »

1 Answer | Asked in Estate Planning for Kentucky on

Q: mother died in Ky interstate. father is living and 4 children. She owned a trailer. Does the Trailer go to dad or kids

Timothy Denison answered on Dec 26, 2018

Half to father and half to 4 kids.

1 Answer | Asked in Estate Planning for Kentucky on

Q: Who gets what when second wife has prenup and opposes will?

My grandfather recently passed away. He was an Alzheimer's patient. His second wife was able to convince him to add her name to his various items of his estate but his will dictates that his truck goes to my father. The second wife's name is added to the title and she opposes the will instead... Read more »

Timothy Denison answered on Oct 19, 2018

Depends on the terms of the will as well as whether a will contest has been filed.

1 Answer | Asked in Estate Planning for Kentucky on

Q: If a person does not have a will, where do you start with his estate? He has two living sons.

Timothy Denison answered on Oct 7, 2018

Look at KRS 391.010, et seq., which sets out who gets what if there is no will.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on

Q: Can student loan creditors take your home or vehicle?

My father has stage 4 cancer. And a lot of credit card bills. The bills are more than the mobile home and car are worth. By maybe 10 grand. I have lived here with my father for years and want to remain here after he passes. We're scared that when he passes the credit card companies will take the... Read more »

Timothy Denison answered on Sep 16, 2018

Consult a competent bankruptcy attorney. More info is needed, but from your narrative above, it sounds like your dad could file bankruptcy and keep his property while discharging his debt.

1 Answer | Asked in Estate Planning for Kentucky on

Q: My father had a will that was never probated, but my stepmother sold the house and land that was in his name. How?

We got nothing. She hasn't filed for probate and is running off with all his money including insurance

Timothy Denison answered on Sep 16, 2018

IF you have a copy of the will, you can open probate on it. It may have not been a favorable will for her, so the will disappeared. More investigation is necessary to determine the proper course of conduct.

1 Answer | Asked in Probate, Public Benefits and Estate Planning for Kentucky on

Q: My mother has Alzheimer's disease and she willed her two retirement accounts to me some time ago. When should I send it

When should I send a copy of the will?

Timothy Denison answered on Aug 18, 2018

You should send it now bc some other documents my need to be executed while she is still alive.

1 Answer | Asked in Estate Planning for Kentucky on

Q: If my husbands parents left their property to the 3 children (2 separate properties)

1 property went to 2 of the siblings which they sold and took half each. They other property was deeded to my husband and I from the siblings and their spouses. If my husband passes away am I entitled to the property

Timothy Denison answered on Jul 5, 2018

Most likely, yes, depending on the terms of the deed.

1 Answer | Asked in Estate Planning for Kentucky on

Q: In settling a small estate in Kentucky, under $15,000, do I have to advertise to creditors for the deceased?

Timothy Denison answered on Jun 28, 2018

Yes. If any debts are owed by the decedent, notice should be given to the creditor. However, if the estate size is $7,500 or less, it may be possible to dispense with the administration of the estate.

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Kentucky on

Q: Would a quitclaim deed help in my case?

My husband is a compulsive gambler and has accumulated tons of debt. I just found out that he put one of my cars in collateral for a $3000 loan from a stranger. We purchased our home last year, his name is on the deed but not the mortgage. I would like to prevent him from ever losing our home. How... Read more »

Timothy Denison answered on Jun 4, 2018

Have him uitclaim his interest in the marital property to you immediately.

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