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Kentucky Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning for Kentucky on
Q: My husbands sister signed a notarized quitclaim deed giving him her home in 2018. She passed away Jan. 1, 2020.

The deed was recorded in Nov. 2019. Will that property be inventoried by her state appointed administrator?

Timothy Denison
Timothy Denison answered on Feb 13, 2020

No. It belongs to your husband and is not an asset of his sisters estate.

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2 Answers | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: Much has been given to my son. Real estate, automobiles, cash, and farm land adjoining my current farm .

He now has the small tract of farm land up for sale. Is there any legal way to stop such activity ? He is currently going through divorce and ran wife off, so he could take up with a married lady. Am wondering if there is some type document that can be filed for the return of equity that he has... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 12, 2020

The thing about gifts is you can't take them back. The best you can do now, if you have other children or beneficiaries, is make sure your clearly takes into account these prior gifts as advances against his inheritance.

Just FYI, had you hired an attorney before making those gifts, there...
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1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Business Law for Kentucky on
Q: My husband passed and my name was not on title of car however I am his wife and payments are made t&ey repossessed

Anything I can #o

Timothy Denison
Timothy Denison answered on Feb 8, 2020

You may have a claim for wrongful repossession and damages if the loan was not in default. Consult a debtors rights lawyer.

3 Answers | Asked in Civil Rights and Estate Planning for Kentucky on
Q: My mother passed away in 2008 her daughter lives in are mom house does she still owe me for my half we in kentucky
Nina Whitehurst
Nina Whitehurst answered on Feb 3, 2020

It is not possible to correctly answer your question without a lot more information, but it sounds like you and your sister inherited a house together. It also sounds like your sister is living in it and you are not. You have the right to live in it as well. You also have the right to sell your... Read more »

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1 Answer | Asked in Estate Planning for Kentucky on
Q: Can you get a pro bono lawyer for power of attorney paperwork?
Timothy Denison
Timothy Denison answered on Jan 30, 2020

Probably, yes.

2 Answers | Asked in Contracts, Estate Planning and Real Estate Law for Kentucky on
Q: If 3 people own a property equally, can 2 override 1 in decision making?

I recently inherited a home, barn and 25 acres equally with my 2 cousins. My aunt and uncle have been staying there for over a year (since Sept 2018 remodeling their home in town). Frankly, I'd like to put them out, but I've been told by several people that majority rules. I don't believe that to... Read more »

Timothy Denison
Timothy Denison answered on Jan 18, 2020

You have a one third undivided interest in the property. If the three of you cannot agree, you can file suit to either sell the property or buy the two cousins out.

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1 Answer | Asked in Business Formation, Estate Planning and Land Use & Zoning for Kentucky on
Q: I would like to start an Airbnb on my grandmas property in Frankfort KY. I have called division of planning and zoning

For a license she said that county doesn’t approve those yet but multiple people have Airbnb’s there they just “look the other way.” So my question is from a legal standpoint what documents and insurance would I need at this point and how do taxes work for this situation so I won’t get in... Read more »

Timothy Denison
Timothy Denison answered on Jan 16, 2020

Evidence of ownership, proof of insurance and a tax I’d number both federal and state.

1 Answer | Asked in Divorce, Estate Planning and Legal Malpractice for Kentucky on
Q: Ex wanting me to give up on legality of home (both names) and I refuse. Can I fight?

2007, lost his job for failing a drug test. Had a few temp jobs for a few days, decided I could carry it all. I worked 2 jobs, paid everything until I got scared and left in 2012. He applied for disability. Got 20 grand lump and lost his mind. Taking my things, being verbally and emotionally... Read more »

Timothy Denison
Timothy Denison answered on Jan 6, 2020

Absolutely you can fight. If it was acquired during the marriage, it is half yours regardless of who’s name it is in.

1 Answer | Asked in Estate Planning for Kentucky on
Q: I have DACA and I am wanting to know how am I able to get a personal loan for $40,000 I do have collateral.
Timothy Denison
Timothy Denison answered on Dec 29, 2019

You’ll have to fill out an application for the loan and then shop it to various lenders who Might be interested in your collateral.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Kentucky on
Q: Can I take my dead fathers land from two people that I found out wasn’t biologically his kids?

When he died a percentage of his land went to me, my half brother & my 2 siblings. I found out recently that the 2 other siblings aren’t biologically his. My dad and mom were married but my mom cheated on my dad multiple times. He wasn’t aware the kids weren’t his. He died suddenly, so no... Read more »

Timothy Denison
Timothy Denison answered on Dec 29, 2019

You’d have to file a will contest action against them. Could be expensive with no guaranteed measure of success.

1 Answer | Asked in Estate Planning for Kentucky on
Q: My uncle died and I am his PA due to I don’t know about any of his family and I was assigned to be his PA in Indiana

I was wondering how long anyone had to come forward after the estate is probated He passed away 6 months ago

Timothy Denison
Timothy Denison answered on Dec 17, 2019

Usually it is 6 mo the from the date probate is opened.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Rights on property left behind of deceased who lived on my property . how long does daughter have to pick up?
Timothy Denison
Timothy Denison answered on Nov 23, 2019

Send her a letter, give her 30 days to pick up. If she does, it’s gone. If she doesn’t, do with it what you will.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: How long does someone have to pickup a deceased property left ?

The item is a storage shed in which i was told time an time again she was picking up its been 6 months. I have the proprty its on forsale can i assume ownership now.

Timothy Denison
Timothy Denison answered on Nov 23, 2019

Send her a letter giving her 30 days to pick up. If she does, it’s gone. If she doesn’t, do as you wish.

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Kentucky on
Q: My husband and I recently relocated to London Kentucky, we bought some property, one the deed.

Our deed and pictures showed 3.7 acres, with a creek and a waterfall. Well we had our property survided so that we could put a fence up. Well we just got our report and it only was surveyed at 2.4 acres. We feel we were misrepresented. Do we have any legal rights?

Timothy Denison
Timothy Denison answered on Nov 22, 2019

Possibly. Depends on the contract for sale and description and other documents. You may have an actionable fraud claim against the sellers.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Our brother is trying to get to be Executor of our fathers estate, but 5 out of 7 of us want to contest it. Kentucky

There were 8 children, one is deceased. There are now 7 of us, 3 full, and four stepchildren. We had different mothers. Our brother William is trying to get the court to grant him to be the executor over my fathers estate, and has told the court that it is only worth $1000. Our father died on... Read more »

Timothy Denison
Timothy Denison answered on Nov 9, 2019

You all appear at the hearing, advise the judge, and he will likely appoint a neutral party to oversee the estate.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: How difficult and time-consuming is it to contest a will ?

There are five siblings possibly four wanting to contest the will our sister withheld our mothers will and we haven't even got to see it

Timothy Denison
Timothy Denison answered on Oct 16, 2019

It is both costly and time consuming although split 4 ways helps with the cost.

2 Answers | Asked in Estate Planning for Kentucky on
Q: In Kentucky my husband dies leaving a will, our adult son is executor, he & I do not get along, he lives beside me..

The marital home has 2 apartments my deceased husband lived in one, me the other one. The estate has been open for 5 months, the Executor refuses me entrance to my husbands apartment, sons probate attorney removed himself as sons attorney, then after the son threatened my probate attorney, my... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 12, 2019

It is not clear exactly what your question is, but as you have an attorney representing you your best bet is to review your concerns with him.

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2 Answers | Asked in Estate Planning for Kentucky on
Q: How can I protect my estate and still provide for a drug addicted family member?
Michael K. Ruberg
Michael K. Ruberg answered on Oct 11, 2019

There are a few options available; however, a trust is one of the best options when estate planning for addicted relatives. There are several forms trusts to consider and each has pros and cons. A trust will enable you to put spending authority in the hands of a trustee who will control any... Read more »

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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
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.

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