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Kentucky Probate Questions & Answers

1 Answer | Asked in Probate for Kentucky on

Q: My Uncle past away before he could sign his SUV over to me. How can I get this in my name?

He also had money in an account that I knew about but some how his daughter got her name on it and took the money. She claims that she can get the car signed over to me but I don't understand how when my Uncle didn't sign anything to make her the power of attorney or anything like that. She is... Read more »

Nina Whitehurst answered on Sep 9, 2019

It sounds like your uncle died without a will and his daughter is his sole heir at law, in which case she gets everything. As his nephew, you are not an heir at law when he was survived by a child. Be grateful for whatever she chooses to share with you.

1 Answer | Asked in Probate for Kentucky on

Q: My father had a bank account at his death in 2004. He had no estate and there was no probation. How can I claim it?

Timothy Denison answered on Aug 22, 2019

You will have to open a probate estate, be appointed as Admr, and then you can follow up on it with the bank.

1 Answer | Asked in Probate for Kentucky on

Q: My mother in law's estate was settled and settlement papers were signed 9 months ago by all parties involved.

Our probate attorney has not filed the settlement with the courts yet and refuses to return calls or emails to either us or the other heirs attorney. What can we do to resolve this?

Timothy Denison answered on Aug 14, 2019

Schedule an appointment in his office to meet with him and the heirs and their attorney.

1 Answer | Asked in Probate for Kentucky on

Q: I want to turn myself in to finish my time in jail rather than on streets how do I go about it

Timothy Denison answered on Jul 26, 2019

File a motion to do so in the case in which you were sentenced.

1 Answer | Asked in Criminal Law and Probate for Kentucky on

Q: If you are on parole and accept a probation offer for a new misdemeanor charge will it violate your parole agreement?

My fiance was granted 3 years parole, after serving 8 months on a 4 year sentence for a felony charge, and was released in April. They issued a warrant on a new misdamenor charge on June 19th. He was arrested, taken to court, transported to jail, and bonded out on June 23rd. Today was his pre trial... Read more »

Timothy Denison answered on Jul 9, 2019

It certainly could, yes. He should consult his attorney before taking any new plea.

1 Answer | Asked in Probate for Kentucky on

Q: I'm administrator of my moms estate, could I live in her house if I made mortgage payments? Its in probate.

Not only am I her administrator, im her only child and she has no surviving spouse. If i made mortgage payments could I legally live in her house right now where it's in probate? Also, her credit card companies put a claim against her estate, when I called they advised I sell the house due to where... Read more »

Timothy Denison answered on Jul 2, 2019

Yes. You can live in the house. Hire a probate lawyer to help you through the claims portion so you make the right decision.

1 Answer | Asked in Estate Planning and Probate for Kentucky on

Q: I have a question about becoming administrator of an estate

my biological mom passed recently and there was no will left. where I was adopted out of foster care I am wondering if the court won't grant me power of estate. Its just me amd my half-sister and she is a minor. nobody is contesting it. should I bring any documents like my original birth... Read more »

Timothy Denison answered on Jun 14, 2019

If her rights to you were terminated, you no longer have the right to inherit from her. If they were not terminated, then you can petition the Court to be appointed administratrix of her estate.

1 Answer | Asked in Probate for Kentucky on

Q: What is the limitations on a will that hasn't been to probate court yet

Will was never signed by anyone

Timothy Denison answered on May 18, 2019

If the Will was never signed and executed, it is merely a draft. You don’t have a probatable document.

1 Answer | Asked in Criminal Law and Probate for Kentucky on

Q: Do you have experience in probation violation

Do you have experience in probation violaton

Timothy Denison answered on Apr 15, 2019

Yes indeed.

1 Answer | Asked in Criminal Law and Probate for Kentucky on

Q: If I am a felon. And I violated my probation with a misdemeanor of shoplifting under 500 what will happen

If I am a felon. And I violated my probation with a misdemeanor of shoplifting under 500 what will happen

Timothy Denison answered on Apr 15, 2019

Same answers as the last two you posted this question.

1 Answer | Asked in Criminal Law and Probate for Kentucky on

Q: What are the possible outcomes for a person that first time Violatedtheir probation by picking up a crime of shoplifting

What are the possible outcomes for a person that first time Violatedtheir probation by picking up a crime of shoplifting which is a Misdemeanor Even though their own probation for Bulgary

Timothy Denison answered on Apr 14, 2019

1) Revocation and incarceration

2) Revocation and continued probation

3) Withdrawal of revocation motionif shoplifting case dismissed.

1 Answer | Asked in Criminal Law and Probate for Kentucky on

Q: What happens if someone violates probation for the first timeWhat is the outcome As in they pick up a new case

What happens if someone violates probation for the first timeWhat is the outcomeAs in they pick up a new case and key in the probation officer give the person seven day sanction Instead of having a revocation hearing

Timothy Denison answered on Apr 14, 2019

Depends on several factors, such as judge, prosecutor, severity of new charges, resolution of new charges, probation officer, etc! Generally lighter on first time violators that repeat.

1 Answer | Asked in Probate for Kentucky on

Q: Siblings paid funeral costs, etc associated with suicide of their brother. Can we get reimbursed by estate?

We had to pay for remediation to his home plus addt'l costs. We have not located a will yet but believe there could be one. We also believe brother assigned beneficiaries to his investments and POD to his bank accounts. House and car appear to be titled to deceased only. If an executor/will is... Read more »

Timothy Denison answered on Mar 14, 2019

You file a proof of claim with the estate for all those out of povlet e pended. Many are administrative expenses paid first.

1 Answer | Asked in Estate Planning and Probate for Kentucky on

Q: What is my next step?

My sister passed in 2007. I was executor of her estate. She had no will and everything went to me and my brother and sister. Everything was done correctly and estate closed. Recently I discovered money on the KY unclaimed property site. what should I do?

Timothy Denison answered on Feb 26, 2019

File a motion to reopen the estate, get reappointed, then claim the unclaimed money, show equal division amongst heirs, have them sign off on it, then file a supplemental final settlement.

1 Answer | Asked in Estate Planning and Probate for Kentucky on

Q: Is a will legal in Kentucky, if the testators signature is misspelled 2 times?

My grandmothers will was executed by her nephew and his lawyer.they brought the will to the hospital when she was in ICU and she misspelled her name 2times.is there also undue influence because the majority of her estate benefits him and his brothers and sisters(17 ofthem) and I never met one of... Read more »

Timothy Denison answered on Feb 3, 2019

If she was in Her right mind when she signed it, the signatures are valid, misspelled or not. However, the undue influence claim will have to be determined in a will contest action. Check with her physician, who will be in the best position to tell you whether she was capable of signing a will... Read more »

1 Answer | Asked in Probate for Kentucky on

Q: My Husband just passed without a will. Do I need Probate?

The only things solely in his name were a car and registered handgun. Everything else was joint. There are no outstanding assets or debts.

Timothy Denison answered on Jan 14, 2019

You can do a dispense with administration in probate on the car and change the title into your name and you won’t have to do anything else.

1 Answer | Asked in Probate for Kentucky on

Q: Father passed away on DEC 17 2018 my stepmother has keep everything from me of my fathers there was no will that I know

She trying to say she gets everything and that his assets were less than 15000 when I know better she lied to lawyer which is a friend or family of hers so believe they telling her to do it because she can't stand me where do I stand and what can I do

Timothy Denison answered on Jan 9, 2019

Oprn a probate case on behalf of your father and seek determination in the court.

1 Answer | Asked in Criminal Law and Probate for Kentucky on

Q: Probation revocation hearing dec 10th and a status hearing on dec 28th. Failure to make a restitution payment and FTA

What to expect.

First probation violation

Failure to make a restitution payment and FTA.

Scared :-(

Timothy Denison answered on Dec 8, 2018

Probably will leave you on probation since it is your first time and direct you to make up missed payment.

1 Answer | Asked in Probate for Kentucky on

Q: Can a parent be a preferred creditor on Petition to Dispense with Administration?

Timothy Denison answered on Nov 5, 2018

Yes.

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