Kentucky Estate Planning Questions & Answers
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 »
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.
Q: Is it my right as a beneficiary of my Mothers will to know the name of the attorney handling the process.
Absolutely.
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
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.
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 »
Same answer as other question.
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 »
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.
Q: How can a will be protested by myself and my 2 brothers? What type of attorney would I get
You would need a civil attorney who handles will contests.
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 »
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.
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.
Well, first we would have to know what her assets are in order to address protecting them.
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 »
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.
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?
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.
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 »
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 »
Q: mother died in Ky interstate. father is living and 4 children. She owned a trailer. Does the Trailer go to dad or kids
Half to father and half to 4 kids.
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 »
Depends on the terms of the will as well as whether a will contest has been filed.
Q: If a person does not have a will, where do you start with his estate? He has two living sons.
Look at KRS 391.010, et seq., which sets out who gets what if there is no will.
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 »
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.
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
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.
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?
You should send it now bc some other documents my need to be executed while she is still alive.
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
Most likely, yes, depending on the terms of the deed.
Q: In settling a small estate in Kentucky, under $15,000, do I have to advertise to creditors for the deceased?
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.
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 »
Have him uitclaim his interest in the marital property to you immediately.
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