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Kentucky Probate Questions & Answers
1 Answer | Asked in Probate for Kentucky on
Q: My wife was named administrator of her late mother's estate. The house is still in debt to USDA rural housing for 28k.

As the administrator is she allowed to sell her mothers house to pay off the debt to USDA and other creditors? Or does she have to have permission from the court and USDA rural housing to sell it?

Timothy Denison
Timothy Denison answered on May 11, 2022

She will need permission from the court to sell the house since there was no will.

1 Answer | Asked in Civil Rights, Patents (Intellectual Property) and Probate for Kentucky on
Q: Does the adultry and abandonment law barring one from the property refer to property acquired by both parties?

My parents have 400 acres. My mother left my father, but never divorced him. She has been with multiple other men over the last 7-8 years. My dad passed away last August and she's getting the entire profit off the house, plus the land.. she's getting 800,000 while me and my sister are... Read more »

Timothy Denison
Timothy Denison answered on May 3, 2022

No. It does not apply.

1 Answer | Asked in Probate for Kentucky on
Q: My father willed myself and my 4 siblings his 40 acre property. On that property is a mobile home, can it be sold?

Is the mobile home considered personal property? If so, can it be sold?

Timothy Denison
Timothy Denison answered on Apr 28, 2022

Yes to both questions.

1 Answer | Asked in Juvenile Law and Probate for Kentucky on
Q: My fiancé died without a will. He had bought a house and we have been making payments. We also have a 11 yr old daughte

We were not married. So how can I purchase the house. We live in ky.

Timothy Denison
Timothy Denison answered on Apr 28, 2022

You’ll need to open probate, get yourself appointed as administratrix and then you will have authority to buy, sell, make transfers, etc.

1 Answer | Asked in Real Estate Law and Probate for Kentucky on
Q: Can I deed a piece of property to my brother immediately after my wife's death if she did not have a will?

My wife and I had a piece of property in both of our names. If she died without a will, can I immediately deed it to someone or does it have to go through probate. If it didn't go through probate, will the deed be legal if I did it anyway?

Timothy Denison
Timothy Denison answered on Apr 28, 2022

You really need to speak with a probate attorney before you transfer anything. If the deed was held as joint tenants with right of survivorship, you probably can but you need to make sure there are no adverse ramifications if you do.

1 Answer | Asked in Employment Law, Medical Malpractice and Probate for Kentucky on
Q: Limited probation of nursing license

I am on limited probation in KY as an LPN. In my agreed order it mentions if I can’t meet the agreement terms I could put in writing that I wanted to surrender my license and it would only be for a period of 2 years then I could try to get them back. Is there a possibility that they wouldn’t... Read more »

Timothy Denison
Timothy Denison answered on Apr 11, 2022

There is a real possibility that they might not let you back in. You should consult an attorney immediately before you do anything. In any event, I would not recommend surrendering your license.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: I’ve been granted Administratrix of my mother’s estate. What do I do about her townhome?

I was granted administratrix of my mother’s estate this past September. She didn’t own a home but she lived in a townhome that is a co-op (she partially owned it) so she paid a certain amount down to move in & if she decided to sell it back to the complex, they’d give her her money back.... Read more »

Timothy Denison
Timothy Denison answered on Mar 24, 2022

If all heirs agree, you can simply sign it over to him.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Does leaving your spouse a house in a Will also include all the acres (farm) attached to the house, it's all on one deed
Timothy Denison
Timothy Denison answered on Mar 15, 2022

One would have to see the deed to properly answer this question.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: My mother died without a will. I was named Administrator for her estate in January. We have an offer on her house.

Do I need to go to court to get permission to sell? Do I have to wait a certain time frame to sell?

Timothy Denison
Timothy Denison answered on Mar 7, 2022

Yes. You must get permission from the court to sell the property. The court will set the time for all sale actions.

1 Answer | Asked in Probate for Kentucky on
Q: What does my mother need to do,does she need to go through probate?

My brother passed away suddenly with no will he was living in a home that my mother owned her name is the only name on the deed,but mortage is in his name only she was never added to the mortage.The mortage company is saying she has to go through probate before they can give her any information or... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 22, 2022

It is curious that the lender will not deal with the owner of the property, which leads me to suspect that your mother may not actually be the owner. First, you need to hire a real estate attorney or title company to research the ownership and verify who is actually in title. If she is the owner,... Read more »

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: if I take new time on my sentence that I've been serving since last year am I still shock pro eligible?

I took a extra year in nov on my sentence of 15 witch made my sentence 16..i started my 15 in April 2021.i need to know if i can file shock on the full 16 since i took the extra year in nov I'm still within the 180 on my new year but idk if I can still file on the full 16 now or not I'm... Read more »

Timothy Denison
Timothy Denison answered on Feb 17, 2022

No. Your shock window of 180 days to file on the first case has elapsed. You can file on the new case but it only applies to the new year.

1 Answer | Asked in Probate for Kentucky on
Q: Mom passed away. No will. Insurance left to grandchildren but one grandchild is under age 18. No other assets.. Probat

Policy specifies how much to each child. Probate? How to handle under age portion?

Timothy Denison
Timothy Denison answered on Feb 7, 2022

You can dispense with probate but you can set up the minors portion in a blocked account approved by the court.

1 Answer | Asked in Probate for Kentucky on
Q: Is surviving spouse responsible for hospital bills in Kentucky?
Timothy Denison
Timothy Denison answered on Jan 5, 2022

No.

1 Answer | Asked in Probate for Kentucky on
Q: Is a will binding and legal after estate is closed through probate court?
Timothy Denison
Timothy Denison answered on Jan 4, 2022

Depends on what context you mean.

1 Answer | Asked in Estate Planning, Family Law and Probate for Kentucky on
Q: My brother in law is trying to get my husband to waive his rights pertaining to their deceased father in law's estate

Brother in law claims to have a will in which their father left him his house, but that it is not probated yet. He told my husband that if he does not waive his rights, then he (my husband) will be stuck paying his father's debts

Timothy Denison
Timothy Denison answered on Dec 10, 2021

Simply make the brother probate the will. In the interim, your husband should get a lawyer and not agree to waive or sign anything.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: I was moms POA in process of selling house when she passed. no will can I continue with the sale?
Timothy Denison
Timothy Denison answered on Dec 8, 2021

No. You will have to open probate and get appointed as the administrator before you can sell it.

2 Answers | Asked in Probate for Kentucky on
Q: father's estate was broken into an ATV and a few other things were stolen who needs to file the insurance claim
Timothy Denison
Timothy Denison answered on Nov 27, 2021

Executor it Executrix of fathers estate.

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1 Answer | Asked in Probate for Kentucky on
Q: Father was on 2nd marriage and never added her to the deed for the house. He passed, no will. What happens to the house?

I am the only child and he had no grandchildren. There’s actually more involved than the house. There’s a barn filled with farming equipment and tools. Land, Timbers and cattle. I was also told that she can’t remove any property from the house until the estate is settled and she has been.... Read more »

Timothy Denison
Timothy Denison answered on Nov 26, 2021

Step mom is statutorily entitled to 1/2 realty and 1/2 personal property, Will or no will.

1 Answer | Asked in Family Law and Probate for Kentucky on
Q: What are our rights?

My fiancé and father of my child (she's 8 and we were together roughly 9 yrs) suddenly passed. We weren't married and we were renting. His family came in our home and basically took over. They gave me access to our belongings but they have decided what gets sold and have made all... Read more »

Timothy Denison
Timothy Denison answered on Nov 17, 2021

Everything regarding the child is solely up to you. They have no right to dictate anything. As for his property, Funeral and arrangements, handling that should be up to them although your daughter will inherit all his property unless he had a will that says otherwise.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: I am going thru probate with my Dads estate. I have an aunt fighting me over it. Dads garage was broken into and there

Insurance check given. I gave it to her not knowing it has to go thru the estate. She also cleaned out dad's checking acct and won't pay back. The insurance check I gave her was cashed on a closed checking acct. and according to my bank, that's illegal but no one is doing anything... Read more »

Timothy Denison
Timothy Denison answered on Nov 15, 2021

You should hire your own attorney to review, evaluate and move forward on these issues.

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