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Kentucky Probate Questions & Answers
3 Answers | Asked in Bankruptcy and Probate for Kentucky on
Q: Can my inherited home be taken if I file for bankruptcy in Kentucky?

I am considering filing for bankruptcy. My father passed away in September 2023, and his estate just settled. I have received his home, valued at $25,000, which needs repairs and has no water. There is no debt or lien on it. I haven't officially transferred the title yet. Can this home be... View More

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Mar 18, 2025

You have a 27,900 exemption that allows you to keep up to 27900 in equity in your home you live in. It must be your residence. You also have a 4500 exemption for a car. If you live in the home and the truck is in your name you should have no problem.

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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 and Estate Planning for Kentucky on
Q: Are Kentucky executors required to provide beneficiaries a copy of the will?

As an executor of an estate in Kentucky, am I required to present each beneficiary with a copy of the will? One beneficiary feels she has not been properly informed and recently requested to see the will. The will has been filed for probate, and there are two executors managing the estate.

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

No. You are not required to provide them with a copy. If the will has been filed, they can obtain a copy from probate court.

1 Answer | Asked in Civil Litigation, Probate and Family Law for Kentucky on
Q: Can I sue for $30,000 after in-laws distributed husband's belongings without consent?

My husband of 25 years passed away last November without a will, and there was no executor of the estate nor power of attorney. I filed a petition with the district court in Kentucky, and it was granted by a district judge, notifying my in-laws by mail. Despite this, my in-laws are not responding... View More

Timothy Denison
Timothy Denison
answered on Mar 22, 2025

You can sue for the value of your loss up to $30,000, and that you can prove.

1 Answer | Asked in Probate for Kentucky on
Q: How to file estate claim with KRS 396.055 bar issue in Kentucky?

The other party's lawyer informed me that my claim on an estate was denied due to KRS 396.055, and mentioned I have 60 days to act or my claim will be barred. I didn't send my claim directly to the executrix, nor was an address provided to contact her, although I recorded my claim at the... View More

Anthony M. Avery
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answered on Mar 17, 2025

Contact the KY Court handling the Probate Case. They may have a form for the claim against the Estate, or you may be too late. You must comply perfectly with the Probate Statutes, so read them.

1 Answer | Asked in Probate for Kentucky on
Q: My uncle knowingly withheld a will for a year in Kentucky after my grandmother passed away because he wanted her entire

Estate. After intestate succession was introduced he produced the will, which I am not named in, to cut me out and increase the profit for himself and my cousin. Is there anything I can do?

Timothy Denison
Timothy Denison
answered on Mar 8, 2025

While it is reprehensible that your income either the will for a year, if the will is legit and there is no fraud involved in its preparation, there is not much that can be done since you are not named in the will.

1 Answer | Asked in Probate, Civil Litigation and Gov & Administrative Law for Kentucky on
Q: How can I claim inheritance and address unauthorized transactions from my brother's Limestone Bank account in Kentucky as a non-resident?

I am a resident of Turkey and recently lost my brother, who lived in the United States. He has left behind money in an account with Limestone Bank. I am the next of kin, but I am not familiar with the process of claiming inheritance as a non-resident. Additionally, there have been unauthorized... View More

Timothy Denison
Timothy Denison
answered on Mar 3, 2025

Hire a lawyer in or near the city where your brother lived so he can flush out the details of the expenditures and still protect your interests at the same time.

2 Answers | Asked in Libel & Slander and Probate for Kentucky on
Q: Can I be sued for expressing my dissatisfaction about inheritance to my half-sister?

I wrote a paragraph to my half-sister regarding my father's inheritance, expressing my belief that I was cheated out of my rightful share. My father stipulated in his will that everything should be split between the siblings, but the property was put in my stepmother's name. She held a... View More

Anthony M. Avery
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answered on Feb 25, 2025

Hire a KY attorney to represent you. You need to worry about getting your rightful share which may not happen if the Will is as messed up as your state. The property should still be in Father's name and go through the Estate if his devise is to split it up. If stepmother owns it then... View More

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2 Answers | Asked in Probate, Legal Malpractice and Military Law for Kentucky on
Q: Is it ethical for my probate lawyer in Kentucky to request my father's lawnmower for a third party, and how can I manage property from overseas?

My father passed away in Kentucky in December 2024 without a will, and as the only child, I started the probate process with a lawyer in the county where he lived. My lawyer emailed me, asking if his high school friend's autistic brother could have my father's lawnmower, claiming that my... View More

Timothy Denison
Timothy Denison
answered on Feb 23, 2025

It is not unethical for him to make such a request, although once you communicated that you did not authorize this, that should resolve the matter. Only if he did something against your wishes might you then be moving toward possible conduct.

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1 Answer | Asked in Probate and Gov & Administrative Law for Kentucky on
Q: Seeking legal help for claiming inheritance from Limestone Bank, Kentucky.

I am living in Turkey and have an inheritance in Limestone Bank, Kentucky, USA, left to me by my uncle who lived in the US. Despite having all the legal documents from the bank and sending emails to them, I have not received any response. It's been challenging to contact them and access my... View More

Timothy Denison
Timothy Denison
answered on Feb 18, 2025

One would have to see the documents you have to be an lol e to properly advise you. Consider hiring a lawyer in the city where the bank is located and who can possibly get things worked out for you.

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Kentucky on
Q: My siblings and the lawyer hired by my brother who was poa of our mother and is also Executor where all aware and given

Copies of warranty deed that is unrecorded that mother gave me the family home place in 2012 that I have Maintained and lived in since 2000. By the way that my siblings were asked if they wanted to live in but refused in order oldest to youngest( being me).my brother as poa transferred the property... View More

Timothy Denison
Timothy Denison
answered on Feb 18, 2025

You should hire an attorney to evaluate the estate and make sure that you get your fair share. If you want to keep the house, you would be obligated to pay your brothers portions to them through cash or a setoff so that each heir gets an equaamount.

1 Answer | Asked in Banking, Civil Litigation, Public Benefits, International Law and Probate for Kentucky on
Q: Accessing deceased uncle's bank account in KY from Turkey.

I am living in Turkey and trying to access a bank account at Limestone Bank in the United States, which belonged to my uncle who passed away in Kentucky. I have all the necessary documents from the Turkish government proving my right to access this account. However, an individual named Maria... View More

James L. Arrasmith
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answered on Feb 18, 2025

You should also connect with the probate court in the Kentucky county where your uncle lived, as they oversee the distribution of assets after death. If needed, you can work with a Kentucky-based attorney who can represent your interests locally - the Kentucky Bar Association can help you find one.... View More

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