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Kentucky Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My dad died 12/06/23, he lived in Allen County, KY, and had no will.

Wife is deceased, has 3 children/heirs, my 2 brothers and I. His assets: $36,500 that he was about to inherit from his mother’s estate, and a 2016 Nissan Versa that needs transmission repairs in order to be drivable. My 2 brothers and I agree that I will be the administrator of his estate. Is it... View More

Timothy Denison
Timothy Denison
answered on Sep 5, 2024

It appears you will not be able to dispense with administration because your dad’s estate is over $30,000, which is the maximum amount of assets that can be dispensed. Contact a local lawyer who can guide you through the process, which should not be terribly complicated given your description.

1 Answer | Asked in Probate for Kentucky on
Q: My uncle passed away in 2017 and when he passed my father inherited his land but didn’t go and have it legally put into

Now my father passed and I inherited his property I am trying to find out how to get the land that was my uncle’s put in my name

Anthony M. Avery
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answered on Jul 5, 2024

Hire a KY attorney to search the title and determine heirship. Then either record an Affidavit of Heirship or Probate Father's Estate (or both). Do as your KY attorney advises. Deceased Relatives cannot give you a deed.

1 Answer | Asked in Estate Planning, Real Estate Law, Legal Malpractice and Probate for Kentucky on
Q: I am in Kentucky and need clarification on the wording of a deed. My father's attorney friend prepared the deed.

The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father... View More

Timothy Denison
Timothy Denison
answered on May 16, 2024

That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the... View More

1 Answer | Asked in Estate Planning, Collections and Probate for Kentucky on
Q: My father passed with unknown debts. my mother is still alive and living on the property. Can they take the property?

We arent sure what debts are out there. We got a notice from an Estate Information Serivce trying to reach someone about my father's estate. We havent contacted anyone. But i want to know if my mother and their home is safe.

Timothy Denison
Timothy Denison
answered on Mar 31, 2024

Depends on whose name the property is in. You need to run a credit report on dad and see what debts you can ascertain are owed. Until you determine exactly what debts are owed, the property is far from safe or secure.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: I never received my inheritance from a property sold it’s in the will for me to get half of sales what do I do? HELP!!

What steps do I take? How do I get my money? The property was sold but I haven’t received my half of inheritance. Can I do it for free? About how much does something like this cost to do? Do I have to prosecute the person to get my money?

Anthony M. Avery
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answered on Mar 1, 2024

You will have to hire a KY attorney that does real property litigation. It will be an expensive and difficult suit for Ejectment, Quiet Title, etc. where you have to prove title. But if that Will was not filed for Probate, it means nothing. There are stringent SOLs involved, so either file... View More

2 Answers | Asked in Probate for Kentucky on
Q: KY in an intestate estate what if a surviving spouse is long-term institutionalized in a nursing home?

no will, deceased had 3 children, myself and my 2 brothers, and his wife who is long-term institutionalized, estate is small under $30,000 with no real estate. will his wife be able to benefit somehow, she is not able to care for herself physically and mentally.

Nina Whitehurst
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answered on Jan 5, 2024

Yes, the wife inherits her share even if she lacks capacity. If there is nobody with a power of attorney to manage her finances then a conservator may need to be appointed. And it can get even more complicated if she is on government benefits. If that is the case then remember that someone will... View More

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2 Answers | Asked in Real Estate Law and Probate for Kentucky on
Q: Probated my grandmother's estate over 10 years ago (no will,) sold property with quitclaim buyer passed did not file

Deed, still in grandmother's name. The probate was closed. I recently received notice from court of unpaid taxes and liens if I pay taxes and liens how do I transfer deed to me? Do I have to reopen probate?

Nina Whitehurst
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answered on Jan 1, 2024

Based upon the facts you have provided, it looks like the buyer bought and paid for the property but failed to record the deed. That does not mean that your grandmother's estate still owns the property. All that means is that a public record of the transaction was not made. The deceased... View More

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2 Answers | Asked in Estate Planning, Elder Law, Probate and Social Security for Kentucky on
Q: How do i navigate the death of my mother (was in process of writing a last will and test. but unable to finish)

Me, her daughter was POA in her living will but we hadnt been able to finish writing the last will and testament. I am to be the person to inherit her house and make sure it is available for her kids or grandkids to stay in if they should ever need a place We were talking about a dynasty trust or... View More

James L. Arrasmith
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answered on Nov 22, 2023

I'm sorry to hear about the loss of your mother. Navigating estate matters can be complex, especially in situations like yours where the last will and testament was not completed. As the person with power of attorney in her living will, you have a significant role, but it's important to... View More

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1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My father had a life insurance policy that I saw copies of having paid out to g.parent guardians. They kept it.

I was listed as only beneficiary but was 6. I lost the copies of correspondences and of the name of insurance co. I dont believe they thought I d ever know about it. I m now 40 and they have kept it. How do I proceed?

James L. Arrasmith
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answered on Nov 13, 2023

To address the issue of a life insurance policy where you were the beneficiary but the funds were kept by your grandparents, you should start by gathering as much information as possible about the policy. If you don't remember the name of the insurance company, you might try to retrieve this... View More

1 Answer | Asked in Probate, Legal Malpractice and Libel & Slander for Kentucky on
Q: is my probate attorney is trying to rip me off...

the case is closed but he still holding my money because he has ficticious asets and mishandling of funds happened and i wont sign the release he has drawn up for himself ...i had the administrator rights but he managed to lose them once i hired him. theres alot of money at stake and a lot has been... View More

Timothy Denison
Timothy Denison
answered on Dec 6, 2024

You need to have a local competent probate attorney look at your situation snd advise you. It is impossible to determine e what is actually going on from the narrative provided.

2 Answers | Asked in Probate for Kentucky on
Q: My daddy passed away last week. What should the deed say to go to his legal heirs?

The deed states belonging to grantee, his heirs, and assigns forever. Can a girlfriend override and take the family farm from us daughters?

Anthony M. Avery
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answered on Nov 30, 2024

If Dad was the grantee, then he owned it and his heirs take at his death. Hire a KY attorney to search the title and determine heirship. GF is not an heir and cannot claim a homestead. Heirs as tenants in common should sue her for possession.

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2 Answers | Asked in Probate for Kentucky on
Q: Does a deed override a will if the deed says to grantee and his heirs?
Anthony M. Avery
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answered on Nov 29, 2024

Testator can only devise property in his Will that he owns at death. Executed Deed takes effect against all when recorded. Apparently Testator did not own property at death.

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1 Answer | Asked in Consumer Law, Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Can sibling take my home just cause it was left to a few of us but only one been remodeling and paying taxes for 20yrs
Timothy Denison
Timothy Denison
answered on Nov 26, 2024

Yes, although you may have a claim for the improvements you e made to the property.

1 Answer | Asked in Probate for Kentucky on
Q: If only the children are named executors and one dies, do the grandchildren have to sign the deed to sell? (Deceased’s )

The will states that majority of the executors rules. The grandchildren are not mentioned in the will. They will get their dad’s share.

Timothy Denison
Timothy Denison
answered on Nov 20, 2024

They do not have to sign.

1 Answer | Asked in Probate for Kentucky on
Q: In Kentucky, all 5 children were court appointed executors,according to the will. Majority rules. Two siblings die, do

Grandchildren have to sign the deed in order for it to be legal if the remaining executors sell the property?

Timothy Denison
Timothy Denison
answered on Nov 20, 2024

Depends on whether the will provides for alternate or back up executors and/or executrixes.

1 Answer | Asked in Probate for Kentucky on
Q: When is it too late to file a petition in probate challenging state intestate laws per krs392.090(2)?

Mom passed in Feb legally married to the skeezy slime bucket that kicked her out abandoning her and their marriage. Kicked her out with nothing and nowhere to go she had to start over with no financial support at all from him the whole five years. Mom was 60 yrs old having to walk miles to and from... View More

Timothy Denison
Timothy Denison
answered on Nov 2, 2024

If she died married to him and without a will, he will be entitled to inherit from her estate. Doubtful a challenge to the intestacy laws will help.

1 Answer | Asked in Probate for Kentucky on
Q: Husband passed and his mother took his car. I have probate papers signed by judge and she refused to give car back

I have title in his name, and papers from court. How do I get it back?

Timothy Denison
Timothy Denison
answered on Oct 31, 2024

Have the sheriff escort you to get the car.

1 Answer | Asked in Probate, Antitrust and Appeals / Appellate Law for Kentucky on
Q: If a trust was set up for a minor to receive the entire trust at age 35, can he contest it and get half when he’s 18?

He has no idea where the money is, how much he gets as he’s older or any details. His aunt is trustee and she has us blocked and ignored calls. I’m afraid there won’t be any money there. This isn’t the only trust she’s in charge of!

Timothy Denison
Timothy Denison
answered on Sep 30, 2024

Not unless the trust provides for it. There is no basis listed in your question that would give rise to contesting the trust. The trustee is under a fiduciary duty to the beneficiary to ensure that the money is there and that the terms of the trust are followed.

2 Answers | Asked in Internet Law and Probate for Kentucky on
Q: My mother passed no will does stepdad inherit everything?

Stepdad was granted executor and has not included me in anything nor has shown me any paperwork. I am the only living child, he says she left me nothing. Please help

Timothy Denison
Timothy Denison
answered on Sep 16, 2024

If she didn’t have a will, she couldn’t have left anyone anything. With no will, the laws of intestacy under Kentucky law provide for distribution. You can find them set out under KRS Chapter 391.

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1 Answer | Asked in Probate for Kentucky on
Q: If power-of-attorney is used to make account joint within a week of death of original account holder, will it be accepta
Timothy Denison
Timothy Denison
answered on Aug 30, 2024

Depends on what , if anything, POA did with the money after account was changed.

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