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Kentucky Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Kentucky on
Q: Does a titled vehicle count as property in the house left to someone in a will?

My wife is executor of her recently deceased uncle's will. She was left his house and all contents. He never signed the title of his vehicle over to her. Is it included as house contents, personal property or does she have to sell it and add money to estate for further distribution of assets... Read more »

Timothy Denison
Timothy Denison
answered on Jun 9, 2022

Linder the facts you provided, it does not go to her but should be sold to pays his debts or divided equally among the heirs if there are no debts.

1 Answer | Asked in Estate Planning for Kentucky on
Q: KY - Probate question (Setting Up Estate after Death) due to Wrongful Death (Potential) Large Settlement or Verdict

My father's mother passed away last year due to horrific bedsores while in nursing home care. She had 5 adult children. 2 had passed before her, and one (my father) passed AFTER her. A wrongful death suit has been filed. In KY only one representative (executor) her son can file lawsuit (done).... Read more »

Timothy Denison
Timothy Denison
answered on May 3, 2022

Yes. Based on the facts set forth, Your father will take under the will. You should open probate for him.

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... Read more »

Nina Whitehurst
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Nina Whitehurst
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 and Probate for Kentucky on
Q: I’ve been granted Administratrix of my mother’s estate. What do I do about her townhome?

I was granted administratrix of my mother’s estate this past September. She didn’t own a home but she lived in a townhome that is a co-op (she partially owned it) so she paid a certain amount down to move in & if she decided to sell it back to the complex, they’d give her her money back.... Read more »

Timothy Denison
Timothy Denison
answered on Mar 24, 2022

If all heirs agree, you can simply sign it over to him.

1 Answer | Asked in Estate Planning for Kentucky on
Q: My dad asked for my 2 sons SSN before he passed.After his funeral my mom calls wanting their SSN again.

What does that mean or what is she trying to do?

Timothy Denison
Timothy Denison
answered on Mar 24, 2022

Maybe establish a trust. Why do t you just ask her?

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Does leaving your spouse a house in a Will also include all the acres (farm) attached to the house, it's all on one deed
Timothy Denison
Timothy Denison
answered on Mar 15, 2022

One would have to see the deed to properly answer this question.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: My mother died without a will. I was named Administrator for her estate in January. We have an offer on her house.

Do I need to go to court to get permission to sell? Do I have to wait a certain time frame to sell?

Timothy Denison
Timothy Denison
answered on Mar 7, 2022

Yes. You must get permission from the court to sell the property. The court will set the time for all sale actions.

2 Answers | Asked in Estate Planning for Kentucky on
Q: My brother is dying, he has a will (free will.com) giving his home to his nephew. Once my brother dies is the house

automatically my nephews or do we have to wait 6 months? Should we go ahead and put the house in my nephews name before he passes ?

Nina Whitehurst
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Nina Whitehurst
answered on Mar 7, 2022

My best advice is do not do anything without consulting with an estate planning attorney. Putting the house in the nephews' names now could have adverse tax consequences for them and also adverse government benefits planning consequences for your brother. You should also have that will... Read more »

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1 Answer | Asked in Estate Planning for Kentucky on
Q: Estate lawyer is giving me the run around. I need help or advice.

I was told it would take a month but she won't respond and I was supposed to sign paperwork. The man Intrusted is taking and selling thing even though there is money in the account to pay expenses. I told my leasing office that I didn't need to re-up because of the lawyer no I might be homeless.

Timothy Denison
Timothy Denison
answered on Feb 12, 2022

Consult a lawyer who specislizes in probate and estate planning and see if everything is being handled appropriately.

1 Answer | Asked in Estate Planning for Kentucky on
Q: So my grandfather was only one who had a will and his estate was open and closed without my grandparents home in the

Estate through court. My grandmother just passed away and my aunt is wanting to buy her house for owe amount but the other aunts are aren’t wanting that becusse the will say it all to be sold and money be give in equal shares.

Timothy Denison
Timothy Denison
answered on Jan 30, 2022

What is your question.

1 Answer | Asked in Estate Planning for Kentucky on
Q: My father was looking to get his share of the inheritance of his parents that passed away in Kentucky, what can he do?

Their house was sold and the money from this sale, as specified in the will, was supposed to be split among their surviving children. The estate still has not be closed and the money is effectively trapped in escrow because of the executor of the estate. He initially filed a suit against the... Read more »

Timothy Denison
Timothy Denison
answered on Jan 30, 2022

Hire a lawyer and file a motion in the probate case for a partial distribution until the estate can be finalized.

1 Answer | Asked in Estate Planning and Internet Law for Kentucky on
Q: My dad wants to deed me the land my trailer sits on my question is how much will it cost
Timothy Denison
Timothy Denison
answered on Jan 21, 2022

Depends on the fair market value of the property but likely wouldn’t be terribly expensive.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: My father was buying his home in KY on a land lease contract. Can I take over his contract as his next of kin?

My dad died last week in Kentucky and was very close to paying off his land lease contract. I think he only has about $4,000 left to pay. I am his only child and next of kin. Can I pay off the contract and get ownership of the property?

Timothy Denison
Timothy Denison
answered on Dec 26, 2021

Yes. You can.

1 Answer | Asked in Estate Planning, Family Law and Probate for Kentucky on
Q: My brother in law is trying to get my husband to waive his rights pertaining to their deceased father in law's estate

Brother in law claims to have a will in which their father left him his house, but that it is not probated yet. He told my husband that if he does not waive his rights, then he (my husband) will be stuck paying his father's debts

Timothy Denison
Timothy Denison
answered on Dec 10, 2021

Simply make the brother probate the will. In the interim, your husband should get a lawyer and not agree to waive or sign anything.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Can I get a court order for my father's iCloud account to be released from an iphone? He died in Jan without a will.

My mom gave me the iphone after someone had to try to reset it and now it is locked to his iCloud account. Does my mother have to get the court order to release it or can I do it as his son?

Timothy Denison
Timothy Denison
answered on Dec 8, 2021

You can try. Generally it will have to be done by his executor or executrix.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: I was moms POA in process of selling house when she passed. no will can I continue with the sale?
Timothy Denison
Timothy Denison
answered on Dec 8, 2021

No. You will have to open probate and get appointed as the administrator before you can sell it.

2 Answers | Asked in Divorce, Family Law and Estate Planning for Kentucky on
Q: In Kentucky...Father has passed, found out he did not change his beneficiary from his x-wife (divorced > 5 years)

He has 4 biological children and 1 adopted child. The wife wants the entire 250,000 life insurance and does not want the children to have any. His oldest son has been named administrator of the estate (no will) Do we have any options to have the life insurance split evenly upon the 5 children... Read more »

Leland Hulbert
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Leland Hulbert
answered on Dec 1, 2021

You would need to see if the divorce agreement between the parties mentions the life insurance and then you will need to contact and Attorney that specializes in trust and estate litigation.

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1 Answer | Asked in Estate Planning for Kentucky on
Q: How to transfer a deed for a real estate property into a living trust when one of the house owners has deceased?

My parents had a house and my mom passed away without a will. After that my dad has created and signed a revocable living trust with beneficiaries: me and my sister. Now we need to transfer the house into a living trust. Can my dad transfer the house deed directly to the living trust or first, he... Read more »

Timothy Denison
Timothy Denison
answered on Nov 21, 2021

If the deed to the property was in both mom and dads name with right of survivorship, then dad should be able to transfer the deed directly to the trust.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: I am going thru probate with my Dads estate. I have an aunt fighting me over it. Dads garage was broken into and there

Insurance check given. I gave it to her not knowing it has to go thru the estate. She also cleaned out dad's checking acct and won't pay back. The insurance check I gave her was cashed on a closed checking acct. and according to my bank, that's illegal but no one is doing anything... Read more »

Timothy Denison
Timothy Denison
answered on Nov 15, 2021

You should hire your own attorney to review, evaluate and move forward on these issues.

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... Read more »

Timothy Denison
Timothy Denison
answered on Nov 5, 2021

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

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