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Kentucky Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: I have been appointed executor of my mother’s will. Beneficiaries include me, my sister, and 9 grandchildren (3 of whom

are minors). Grandchildren will each receive about $2500. How should this be paid to minor children and can the minor children sign the informal settlement agreement form.

Timothy Denison
Timothy Denison
answered on Feb 8, 2024

The probate court will set the terms but generally the children’s money will be placed in a blocked account until they reach age 18. The Court will have to give permission before any of the money can be withdrawn. The minors do not sign the informal final.

2 Answers | Asked in Estate Planning and Legal Malpractice for Kentucky on
Q: Can attorney executor that prepared and witnessed a will claim privilege when a beneficiary questions his due diligence?

The executor is an attorney who also prepared and witnessed her will. It states "to hereby give, devise and bequeath to my son all of my ownership interests in the home to be his absolutely and in fee simple." where I have lived and made mortgage payments for 20 years. He nullified this... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 7, 2024

If a lawsuit was filed and the attorney was deposed or was to testify, it is not likely that the privilege objection would be upheld.

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2 Answers | Asked in Estate Planning, Real Estate Law and Legal Malpractice for Kentucky on
Q: Should an attorney preparing a will inform client survivorship clause in deed will nullify last wishes to give property?

My mother’s will states to hereby give, devise and bequeath to my son all of my ownership interests in the home to be his absolutely and in fee simple. In spite of this, and instead of following her last wishes to add me as part owner, The executor, an attorney, told me that because he prepared... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 5, 2024

While this would be best answered by an Estate Planning Attorney in the State where this occurred, it does appear to be malpractice.

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1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: would it hurt anything to go ahead and notify my deceased moms creditors of her passing?

no other proceedings have been started yet thank you

Ky

Timothy Denison
Timothy Denison
answered on Jan 22, 2024

No. It should be fine to notify them.

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Kentucky on
Q: What gives an attorney the right to have you removed from courthouse after appointment of administration of mother's est

Hearing?he is clearly representing my brother not estate,as brothers wife cleans his house.told me get my info from courthouse and I could go to hell .

Timothy Denison
Timothy Denison
answered on Jan 13, 2024

More facts are needed to properly answer this question.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: i asked a ? prev on 11/2023 abt my mom & her est. i found what might be considered a holographic will (handwritten)

she wrote the letter she identified herself & the subject matter of what she was writing and what her wishes were but if she signed it with an alias is it valid? she signed it MOM but at the beginning she fully identified herself and what her intentions were would it help in any way to turn it... View More

Timothy Denison
Timothy Denison
answered on Jan 11, 2024

It’s worth a shot. You might be able to actually get that probated as a holographic will but I would find at least two neutral and detached witnesses who can identify her handwriting on the writing.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Kentucky on
Q: tia, any lawyers offer installments or pro bono for dying intestate in Daviess County KY? should be fairly cut n dry

she owned her house, filed for bankruptcy quite a few years back, and didn't accumulate much debt passed quickly with no nursing home involved we were in the process of making her LWT but didn't get it finalized before she passed.

Timothy Denison
Timothy Denison
answered on Nov 28, 2023

Check with your local bar association or legal aid society. They maintain list of reduced or pro Bono lawyers.

1 Answer | Asked in Estate Planning and Real Estate Law for Kentucky on
Q: Can a executor of a estate force the sale of a homestead bequithed to his son if he owns other real property

The other property was gifted to the executor and she only wants to be able to keep more of her interest with no concern of homestead.

Timothy Denison
Timothy Denison
answered on Aug 27, 2023

Yes. She can.

1 Answer | Asked in Estate Planning for Kentucky on
Q: My ex husband passed away and had a life insurance policy without a beneficiary listed. So it fell to our two kids.

It was 25,000 and is in a CD for both of them. Is there a way for me to access that money to pay off a car loan debt that I was stuck with when he passed away?

Timothy Denison
Timothy Denison
answered on Aug 2, 2023

Not without order of the court and then it is highly unlikely bc it is the kids money.

2 Answers | Asked in Estate Planning for Kentucky on
Q: Regular last will & Testament or Living Revokable Trust Paper? Owns 2 houses, trailer, multiple vehicles with kids, and

Has several personal bank accounts. Tools, and other assets. Wants to leave them to ONLY 2-3 specific children out of numerous kids. Would you need a regular last will & Testament or Living Trust? Also wants someone to go to the bank for them bc they are bedridden so do I need a financial power... View More

Nina Whitehurst
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answered on Jul 27, 2023

Your goals can be accomplished using just a trust or a combination of will and financial power of attorney. The choice depends somewhat on how motivated you are to avoid the hassle of probate for your intended beneficiaries by using a trust. Trusts also tend to invite less litigation. Will... View More

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1 Answer | Asked in Estate Planning for Kentucky on
Q: I need a Lawyer quickly about being a hier of my aunts estate. I am already late on dealing with this matter. Need

Consultation as quickly as possible. Please contact me ASAP

Timothy Denison
Timothy Denison
answered on Jul 22, 2023

Check with your local bar association or legal aid society. They maintain a list of lawyers who may be able to helton.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Does joint accounts and retirement accounts with named beneficiary bypass probate?

My mother-in-law has put my wife on all of her checking/savings accounts as a joint account holder and named her as beneficiary of her retirement accounts. Her will (when she re-writes it) will leave $10K and a few certain items to my wife's sister and all remaining assets to my wife. There... View More

Timothy Denison
Timothy Denison
answered on Jul 8, 2023

That should be sufficient to avoid probate. The sister in law can always challenge the will as can any beneficiary, so that is a given.

1 Answer | Asked in Estate Planning for Kentucky on
Q: I got a question about wrongful death settlement agreement
Timothy Denison
Timothy Denison
answered on May 20, 2023

What is your question?

1 Answer | Asked in Estate Planning and Family Law for Kentucky on
Q: There is a will that states everything split equal my sister and her husband are living in the house that is in probate

Instead of them moving out when my mother passed away they choose to live there til the house sells but now are wanting me to split utility and mowing of the yard. I don't think that's fair

Timothy Denison
Timothy Denison
answered on May 17, 2023

Sell the house and divide everything equally or one of you buy the other out.

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Kentucky on
Q: Question regarding property, nursing home medicaid, and eviction.

A older person with very little SS income has a home with a mortgage and possibly no equity if sold. She gets married and moves in with spouse. She gets brain cancer and ends up in a nursing home for rehab. Spouse pays 30 days stay to try and get her medicaid eligible in meantime. Lawyer says gotta... View More

Timothy Denison
Timothy Denison
answered on May 3, 2023

If the home is not in her name, it can possibly be transferred since there is no equity in it. If the hone is in her name, if you can show Medicaid there is no equity, they might possibly start paying. If not, the house will likely have to be sold and the renters will have to buy it at sale.

1 Answer | Asked in Estate Planning, Family Law and Probate for Kentucky on
Q: Can the State of Kentucky put a lien on my deceased mother's property for unpaid medical bills?

My mother recently passed while still owing on her property in Madison County, KY. The State of KY was her guardian prior to death and she died with no will. I'm her only living relative and I went to probate court and was granted Petition/Order to Dispense With Administration, and am now... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2023

You will have to open probate to be able to make any transfers of the real property or the vehicles. A disprr we NDR eith administration will not get that done for you.

1 Answer | Asked in Estate Planning for Kentucky on
Q: Can medicaid take money from a medical malpractice lawsuit on a nursing home that estate is rewarded in ky?
Timothy Denison
Timothy Denison
answered on Apr 13, 2023

If they are owed money from it, yes.

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