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Kentucky Estate Planning Questions & Answers
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
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.

1 Answer | Asked in Estate Planning for Kentucky on
Q: When a person has no beneficiary for life insurance in Kentucky how is it dispersed?
Timothy Denison
Timothy Denison answered on Oct 15, 2021

It is. Assigned to the estate.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Is there a simple form to be an executor of a deceased person and I am the next of kin.

He didn't have anything of value or an estate. We had custody of his son long before his death. I only need to file his last taxes and deal with any refunds. He was considered at or near poverty level. I am his mother and I took care of the funeral and burial. I filed his death with social... Read more »

Timothy Denison
Timothy Denison answered on Sep 10, 2021

You should be able to file a Dispense with Administration form if he did not have any estate. That will also enable you to file his final tax returns.

1 Answer | Asked in Estate Planning and Contracts for Kentucky on
Q: Do I have to pay off loans or credit cards for my deceased Mom? She had no estate and $10,000 in life insurance.

When she passed I notified a loan company and credit cards, sent death certificates and was told they'd be forgiven. But now I'm getting calls and letters from them saying that they weren't forgiven and need to be paid. Since she only had a small insurance amount and the bills... Read more »

Timothy Denison
Timothy Denison answered on Aug 5, 2021

Don’t pay anything else. Lithe insurance money is yours and passes outside the estate. If she had nothing, there is nothing to pay them with and you are in no way liable for any of her debts.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Can an estate attorney and an executor put a house into probate without a deed. What if someone else holds the deed?

I have the deed to the house that my Dad lived in. Upon his death the executor of his estate barred me from my home and took most of the belongings, I just discovered that I am the rightful deed holder. What are my remedies?

Timothy Denison
Timothy Denison answered on Jul 2, 2021

One would need to see the deed and will to fully snd properly answer this question. However, you should hire a probate attorney to represent you and protect all your rights as an heir.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Mother passed away only beneficiaries are me and my bother which is married. Does his spouse have to sign to sale home?
Timothy Denison
Timothy Denison answered on Jun 10, 2021

Yes. She has to extinguish the dower

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Should I seek counsel in PA or KY?

My grandmother recently passed away in Pennsylvania. She did leave a will which list me and my siblings to receive and split her assets. However, my uncle, who is listed as the executor has the will. I have not seen it nor read it. All the information I receive is hearsay. I am Wanting to seek... Read more »

Timothy Denison
Timothy Denison answered on Apr 29, 2021

Pennsylvania.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Can the terms of a trust be amended with the consent of both the executor and the trustee?

I currently receive $1000 a month from my deceased grandmother's estate. The duration of the trust is 60 months, with 34 months remaining. Is it possible to amend the structure of the benefits if both the executor (my uncle) and the trustee (me) consent? For example, instead of receiving... Read more »

Timothy Denison
Timothy Denison answered on Apr 7, 2021

Yes.

3 Answers | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Kentucky on
Q: We have 498 Acres there is about 15 names on the property how could we sell the property? Do we need all 15 to sign of
Timothy Denison
Timothy Denison answered on Apr 5, 2021

Yes. You need all 15 to sell by agreement. Otherwise, just file suit to partition...

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1 Answer | Asked in Estate Planning for Kentucky on
Q: My father's estate is completely settled. Can you issue funds early and does a judge have to issue the funds?
Timothy Denison
Timothy Denison answered on Mar 27, 2021

You can issue some funds early. Decision is up to Executor, not judge.

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