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Kentucky Probate Questions & Answers
1 Answer | Asked in Probate for Kentucky on
Q: The probate case I am involved in was signed off by judge last Thursday. I am due an inheritance check.

My question is what steps do I need to do to receive my check now? I am an heir and not the executor. Is there a time limit for me to get it? And if I ask now for it and don’t receive it, then what is my next step to get it? Thank you

Timothy Denison
Timothy Denison
answered on Dec 8, 2022

You should receive your check two to four weeks after final approval of the order.

1 Answer | Asked in Probate for Kentucky on
Q: What is left to do after a judge signs off on final settlement for a probate case?

Do heirs have to sign anything before they receive their inheritance check? I have no idea what to expect. Thank you

Timothy Denison
Timothy Denison
answered on Dec 8, 2022

Wait for the disbursement of your share which should occur within 14-30 days after finality.

1 Answer | Asked in Probate for Kentucky on
Q: I’m expecting an inheritance check. When l went to lawyers office to request it they told me it would be at least 2 more

Weeks before I might receive it. The final settlement has already been signed by the judge. So all is left is distribution of funds. I want my check now so why would I have to keep waiting? I’m ready to get this over with It has been 8 long months since all this started. What reasons would there... Read more »

Timothy Denison
Timothy Denison
answered on Dec 8, 2022

It usually takes 14-30 days after the order is final before disbursement. Quite a bit more is involved than the dimple writing of the check.

1 Answer | Asked in Probate for Kentucky on
Q: What do I need to expect when I go to attorneys office to receive my inheritance check?

What paperwork will they want me to sign? And can they refuse me my money if I choose not to sign anything other than a receipt for my money? If they refuse what steps do I need to take next?

Timothy Denison
Timothy Denison
answered on Nov 21, 2022

You shouldn’t have to sign anything other than a receipt that you have received the funds. If you don’t receive the funds, you will have to make a motion to hold the disbursing agent in contempt.

1 Answer | Asked in Probate for Kentucky on
Q: I had a lawyer. When I asked for him to file a motion for me and he would not do it for me

I went and filed it anyway on my own. After I filed the next day I fired my lawyer. Is there any repercussions against me for doing this? And the judge has not signed off on the order to release my attorney and it has been two weeks since I filed this and fired my attorney. I have a court date this... Read more »

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

No. Just go to the hearing and tell the judge your questions or concerns and get a response. No repercussions.

1 Answer | Asked in Probate for Kentucky on
Q: Who would I ask to speak to at courthouse to see if final settlement is formal and not informal?

If is not been filed formal what steps do I need to get this filed formal? And if it is formal and there is information not on the final settlement what steps do I need to take to make sure everything is listed? Thank you

Timothy Denison
Timothy Denison
answered on Nov 13, 2022

The district court probate clerk. Unless everyone signed a waiver of settlement, it must be file formally.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My husband passed away 10 years ago I never went to probate court but now I need to to be able to transfer a old motorcy

Probate said I need to get all his biological children over 18 to sign off on it but his 3 older ones won't saying they would be signing their rights away to my house. But deed states that if either of us dies first house goes to surviving spouse. Do they have right to my house in my passing... Read more »

Timothy Denison
Timothy Denison
answered on Nov 13, 2022

They have no right to you house as it passed to you pursuant to the deed. Ask if you can do a dispense with administration. If not, you will have to file to open probate and get appointed administratrix in order to sell the bike. In any event, his adult children probably get nothing.

1 Answer | Asked in Probate for Kentucky on
Q: I am an heir to an estate. How can I find out if this case was changed from an informal probate case to a formal?

I have not received any documents saying it was. The only thing I know is a formal accounting was filed. Does that mean it’s formal?

Timothy Denison
Timothy Denison
answered on Nov 8, 2022

There is no formal probate or informal probate. Those terms apply to the final settlement only. Go to your district court clerks office and ask for a copy of the settlement. Informal basically means that everyone waived a formal account and formal means they didn’t so all supporting... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Selling deceased mom's house. 4 siblings are going to divide what we get out of it. Do we have to pay taxes on it. In Ky

4 siblings, oldest has control over estate.

Timothy Denison
Timothy Denison
answered on Oct 27, 2022

Depends on the value of the house but most likely the answer is no tax due.

2 Answers | Asked in Probate and Estate Planning for Kentucky on
Q: My mother passed away 3 yrs.ago.She had mirror wills with my stepfather. My stepfather now wants to change his will.

Is it legal to chane the wills now,after her death?

Thank you in advance for your response

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 24, 2022

He can always execute a new Will, but disappointed legatees/devisees might contest the Will when Probated. The argument is a mutual will under contract, but it is hard to prove and win on. It can also be hard to effectively revoke the existing document, if he does not have possession of it.

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1 Answer | Asked in Probate for Kentucky on
Q: What if a lawyer will not file something for you? Example: a partial distribution. What do you do to get it done?
Timothy Denison
Timothy Denison
answered on Oct 13, 2022

Find out why he won’t file it and then make a decision to file anyway, not file or hire a new lawyer.

1 Answer | Asked in Criminal Law, Federal Crimes and Probate for Kentucky on
Q: In Kentucky is someone eligible for shock probation if they get caught for trafficking meth and probation violation.

Serve their time then get released, just to get hit with 10 probation violations for felony offences? Let's say hypothetically if someone Had a friend get caught for trafficking meth first offense first degree and a probation violation. He served about two years on that, then was released. A... Read more »

Timothy Denison
Timothy Denison
answered on Sep 6, 2022

Impossible to say for certain but the likelihood is greater that he’s talking than just getting lucky breaks.

2 Answers | Asked in Contracts, Real Estate Law and Probate for Kentucky on
Q: If there are three beneficiaries that inherited a farm to split equally, can it be sold with out all three agreeing?

My father passed away in 2020 living myself and my two sisters as beneficiaries. During the probate process all his assets were divided out between us and the real estate was stated that we all three own it. Last week my sister's put the real estate up for sale without my knowledge. I do not... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Aug 2, 2022

They cannot sell without your signature. However, if you refuse to cooperate, they can bring a partition action against you to force a sale, and that will be very expensive, and the court fees and costs will come off the top or might even possibly be charged to you.

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1 Answer | Asked in Probate for Kentucky on
Q: how to file a response to a disallowance of claim in a probate case

Just want to make sure that I can legally file a response if I am not an attorney

Timothy Denison
Timothy Denison
answered on Jul 29, 2022

Put it in the same case form and style as the disallowance pleading, set out your response and reasons therefor, file it with the court and send a copy to all other parties in the case.

1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Probate for Kentucky on
Q: 10 year old's dad died in car accident, brother and mom took next of kin and refuse to give my daughter ashes

My 10 year olds dad was killed in a car accident, his brother and mother have taken over the estate (we are in different states and weren't married) and had him creamted, and have told me they will not give any of my daughters dad's ashes to her. I have filed petetion for head of estate... Read more »

Timothy Denison
Timothy Denison
answered on Jul 28, 2022

You’ll have to file a lawsuit against the family and the estate regarding the ashes, but certainly nothing is going to be accomplished by 7/30/22. I am not sure it would be worth the cost of filing suit, but that is certainly your decision.

1 Answer | Asked in Estate Planning, Personal Injury and Probate for Kentucky on
Q: how can i have next of kin taken from my daughters dad's family and given to my daughter

they refuse to give her any of her dads ashes

Timothy Denison
Timothy Denison
answered on Jul 27, 2022

It is unclear what you are asking beyond taking ashes from next of kin and giving to your daughter. Many more facts are necessary to complete the picture and explain what is actually happening here.

1 Answer | Asked in Probate for Kentucky on
Q: Is a will legal if it is only witness no lawyer no court admitting no probate
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 26, 2022

Unless a Will is admitted to Probate, it has no legal effect whatsoever.

1 Answer | Asked in Probate for Kentucky on
Q: Do I need a deed or transfer after completion of probate. How do I get one in Kentucky?

I was administrator of my mothers intestate estate in Kentucky. Probate is now complete with judges signature. Do I need a deed to fully hold ownership of the house and property or to sell? I was sole beneficiary-only child. There were no debt holders, and my wife and I have been paying the... Read more »

Timothy Denison
Timothy Denison
answered on Jul 10, 2022

You probably should go ahead and deed it to yourself now to avoid problems in the future.

1 Answer | Asked in Probate for Kentucky on
Q: my father and my daughter are joint tenants on mortgaged property/home.but fathers name only on the deed. he died 2/21

intestate.i was his caregiver and lived in home 7 yrs.since his passing ive paid all mortgage payments and kept up property.my sister now wants to be administrator and sell the property. but she and her mother came into the home alreadt and took all the assets.once breaking in thru a window. what... Read more »

Timothy Denison
Timothy Denison
answered on Jul 3, 2022

File a petition for you to be appointed as Admr of his estate snd object to your sister bring appointed. You should also file a proof of claim with the estate for your payments on the property.

1 Answer | Asked in Probate for Kentucky on
Q: How many days after a signed (affidavit of transfer of assets without administration) take to be completed?

After being filed thru the court system.

Timothy Denison
Timothy Denison
answered on Jun 15, 2022

Varies by court but generally shouldn’t be more than 2-3 weeks.

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