Kentucky Estate Planning Questions & Answers
Q: Is a will legal in Kentucky, if the testators signature is misspelled 2 times?
Timothy Denison's answer
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 when she signed it.
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 when she signed it.
Q: Who gets what when second wife has prenup and opposes will?
Timothy Denison's answer
Depends on the terms of the will as well as whether a will contest has been filed.
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.
Timothy Denison's answer
Look at KRS 391.010, et seq., which sets out who gets what if there is no will.
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?
Timothy Denison's answer
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.
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?
Timothy Denison's answer
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.
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
1 Answer
| Asked
in
Probate, Public Benefits and Estate Planning
for
Kentucky
on
Answered on Aug 18, 2018
Answered on Aug 18, 2018
Timothy Denison's answer
You should send it now bc some other documents my need to be executed while she is still alive.
You should send it now bc some other documents my need to be executed while she is still alive.
Q: In settling a small estate in Kentucky, under $15,000, do I have to advertise to creditors for the deceased?
Timothy Denison's answer
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.
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?
1 Answer
| Asked
in
Divorce, Estate Planning and Real Estate Law
for
Kentucky
on
Answered on Jun 4, 2018
Answered on Jun 4, 2018
Q: If my mom was an heir on grandma will and mom passed away before grandma would I be entitled to Mom's part of the estate
Timothy Denison's answer
Possibly. The language of the will would determine who inherits in that situation. If the will says per stripes, then your moms share would pass to you and your siblings, if any. If the will says per capita, then your mom’s share would be divided between her siblings and you and your siblings would not inherit your moms share. Have a local estate planning attorney look into it for you.
Possibly. The language of the will would determine who inherits in that situation. If the will says per stripes, then your moms share would pass to you and your siblings, if any. If the will says per capita, then your mom’s share would be divided between her siblings and you and your siblings would not inherit your moms share. Have a local estate planning attorney look into it for you.
Q: Inherited land has a mobile home on it, not to be inherited. What do I do?
Timothy Denison's answer
Depending on what the new will says, the new wife may take under the new will. Once they married, it became a whole new ballgame. Once she marriedto him, she is entitled to at least 1/2 of the realty and 1/3of the personalty. If she gets that under the new will, fine. If she doesn't, she can reject the will and take 1/2 and 1/3 as if he had died interstate. Your mom and sisters need to consult an attorney immediately to see if they need to contest his new will.
Depending on what the new will says, the new wife may take under the new will. Once they married, it became a whole new ballgame. Once she marriedto him, she is entitled to at least 1/2 of the realty and 1/3of the personalty. If she gets that under the new will, fine. If she doesn't, she can reject the will and take 1/2 and 1/3 as if he had died interstate. Your mom and sisters need to consult an attorney immediately to see if they need to contest his new will.
Q: Must a KY will that leaves nothing to the children mention the children? If it doesn't is it contestable?
Randall R. Saxton's answer
In most states, there are laws that say children who aren't mentioned in a will can petition for a portion of their parents’ estates to prevent accidental disinheritance. Because of these laws, a testator should specifically mention a child they want to disinherit.
In most states, there are laws that say children who aren't mentioned in a will can petition for a portion of their parents’ estates to prevent accidental disinheritance. Because of these laws, a testator should specifically mention a child they want to disinherit.
Q: My father just passed away with no will. He has a house with a mortgage every month and a car. What should I do?
Ben F Meek III's answer
If you want to keep the house in the family, you'll have to keep the mortgage paid or pay it off. In order to pass title from your father, you'll most likely have to complete a probate proceeding. Most states have summary or abbreviated proceedings for small estates -- less time consuming and less expensive than standard probate. If your father had cash or other property from which to pay the mortgage, you may need to resort to that through the probate process to apply to the mortgage loan....
If you want to keep the house in the family, you'll have to keep the mortgage paid or pay it off. In order to pass title from your father, you'll most likely have to complete a probate proceeding. Most states have summary or abbreviated proceedings for small estates -- less time consuming and less expensive than standard probate. If your father had cash or other property from which to pay the mortgage, you may need to resort to that through the probate process to apply to the mortgage loan....
Q: My grandma passed away in 1996 and her will is still in vault in Louisa ky. Never probated never opened can I still?
Joseph Jaap's answer
Use the Find a Lawyer tab and retain a local attorney in Louisa, KY to discuss whether there is any reason for you to open the estate, such as the transfer of real estate.
Use the Find a Lawyer tab and retain a local attorney in Louisa, KY to discuss whether there is any reason for you to open the estate, such as the transfer of real estate.
Q: If husband was given a gun, and he wills it to his wife, can the giftor reclaim the gun bc gift was solely for him?
Kenneth V Zichi's answer
If the gift was made without conditions then it is the gift taker's property from that point forward and he can do with it whatever he wants, including giving it to someone else regardless of how the original gift giver feels about that.
Any 'conditions' (eg -0- this is for YOU only and you can't give or sell it to anyone else) would need to be in writing, and done at the time of the gift and be accepted as conditions by the person the gift was given to.
The fact that this was...
If the gift was made without conditions then it is the gift taker's property from that point forward and he can do with it whatever he wants, including giving it to someone else regardless of how the original gift giver feels about that.
Any 'conditions' (eg -0- this is for YOU only and you can't give or sell it to anyone else) would need to be in writing, and done at the time of the gift and be accepted as conditions by the person the gift was given to.
The fact that this was...
Q: Mom wants to leave her house to we three children, stipulating that it can then only be sold if all three agree.
Kenneth V Zichi's answer
There ARE ways to insure this happens as you've described. It will not be possible with a 'simple' gift however. Your MOTHER (assuming she owns the house as her sole property) should consult with a local estate planning lawyer to determine what combination of ladybird deed, trust and/or will needs to be used and how it can best protect her during her lifetime, and also pass the property to those she wants to receive it after her passing. I'm not sure what KY law allows so it is VITAL that you...
There ARE ways to insure this happens as you've described. It will not be possible with a 'simple' gift however. Your MOTHER (assuming she owns the house as her sole property) should consult with a local estate planning lawyer to determine what combination of ladybird deed, trust and/or will needs to be used and how it can best protect her during her lifetime, and also pass the property to those she wants to receive it after her passing. I'm not sure what KY law allows so it is VITAL that you...
Q: my boyfriend had a dog a month prior to us dating I helped take care of her for 6months and he passed away.do I keep her
Kenneth V Zichi's answer
If the dog has 'papers' that would be essentially the 'title' to the animal. If it is in your name, the dog is yours. The fact that the license is also in your name solidifies that more.
It is YOUR dog, not your boyfriends no matter who 'thought' they owned the dog.
If the dog has 'papers' that would be essentially the 'title' to the animal. If it is in your name, the dog is yours. The fact that the license is also in your name solidifies that more.
It is YOUR dog, not your boyfriends no matter who 'thought' they owned the dog.
Q: My grandparents will is being contested. My dad is the beneficiary but he lost his lawyer. Does he need to have one?
Kenneth V Zichi's answer
Let me answer this question by asking another question. Your dad has to have his appendix removed. He just lost his surgeon. Does he need to have one or can he 'do it himself'. It is a simple operation after all.
ANYONE having a challenge in court needs to be represented. EVEN AN ATTORNEY would be foolish to try to handle a contested matter alone! Yes, your Dad needs an attorney in his corner.
Without seeing the case and the situation the likely outcome is anyone's guess, but...
Let me answer this question by asking another question. Your dad has to have his appendix removed. He just lost his surgeon. Does he need to have one or can he 'do it himself'. It is a simple operation after all.
ANYONE having a challenge in court needs to be represented. EVEN AN ATTORNEY would be foolish to try to handle a contested matter alone! Yes, your Dad needs an attorney in his corner.
Without seeing the case and the situation the likely outcome is anyone's guess, but...
Q: Mom and Dad own home jointly in KY for 11 yrs; mom dies with no will (3 living children). Does house go directly to Dad?
Ben F Meek III's answer
If Mom and Dad own the home as joint tenants with right of survivorship (which would be reflected in their Deed), the house would pass to the surviving joint tenant (Dad) directly. It would not be controlled by her will or lack thereof. If, however, Mom and Dad own the house as Co-tenants, the result might be very different. If this appears to be the case, consult a local attorney. Many offer free initial consultations. Good luck to you.
PS: My answers here are for general...
If Mom and Dad own the home as joint tenants with right of survivorship (which would be reflected in their Deed), the house would pass to the surviving joint tenant (Dad) directly. It would not be controlled by her will or lack thereof. If, however, Mom and Dad own the house as Co-tenants, the result might be very different. If this appears to be the case, consult a local attorney. Many offer free initial consultations. Good luck to you.
PS: My answers here are for general...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
