Kentucky Estate Planning Questions & Answers
Q: I am 73 wife 70 daughter handicapped what is best way to protect assets for her in Ky
Timothy Denison's answer
Well, first we would have to know what her assets are in order to address protecting them.
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
1 Answer
| Asked
in
Contracts, Estate Planning, Family Law and Elder Law
for
Kentucky
on
Answered on Mar 10, 2019
Answered on Mar 10, 2019
Timothy Denison's answer
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.
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?
Timothy Denison's answer
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.
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?
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...
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