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Kentucky Probate Questions & Answers
1 Answer | Asked in Family Law and Probate for Kentucky on
Q: mother died she had a will leaving everything to her children...my step siblings decide that wasn't fair and

renounced will for my stepdad who has dementia..now they want money from me and my siblings that we don't have

i should say that my mother and stepdad both had their own money and property before marriage. i understand he gets all stuff that was in both names, but why should he get part of... Read more »

Timothy Denison
Timothy Denison answered on Jan 16, 2020

He has that right under the Kentucky statutes because they were still married. Unfortunate and inequitable.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Kentucky on
Q: Can I take my dead fathers land from two people that I found out wasn’t biologically his kids?

When he died a percentage of his land went to me, my half brother & my 2 siblings. I found out recently that the 2 other siblings aren’t biologically his. My dad and mom were married but my mom cheated on my dad multiple times. He wasn’t aware the kids weren’t his. He died suddenly, so no... Read more »

Timothy Denison
Timothy Denison answered on Dec 29, 2019

You’d have to file a will contest action against them. Could be expensive with no guaranteed measure of success.

1 Answer | Asked in Probate for Kentucky on
Q: me and my brother lives with my grandpa and he passed away and left his house to a niece

Me and my brother live with my grandpa and he passed away, his house was left to a niece and nephew, how long do I have until they can take everything

Timothy Denison
Timothy Denison answered on Dec 4, 2019

Probably 60-90 days.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Rights on property left behind of deceased who lived on my property . how long does daughter have to pick up?
Timothy Denison
Timothy Denison answered on Nov 23, 2019

Send her a letter, give her 30 days to pick up. If she does, it’s gone. If she doesn’t, do with it what you will.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: How long does someone have to pickup a deceased property left ?

The item is a storage shed in which i was told time an time again she was picking up its been 6 months. I have the proprty its on forsale can i assume ownership now.

Timothy Denison
Timothy Denison answered on Nov 23, 2019

Send her a letter giving her 30 days to pick up. If she does, it’s gone. If she doesn’t, do as you wish.

2 Answers | Asked in Small Claims and Probate for Kentucky on
Q: Sister in law passed suddenly in August. She had borrowed $2,000 and owed $1,400 at the time of her death to her

employer. They are taking us to small claims court because they know my husband (her brother) is the beneficiary of the life insurance policy. The office manager has left several messages stating if we just wanted to go ahead and put a check in the mail to them rather than going to court we... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 13, 2019

You do not owe the money. The estate of your sister owes the money. If they have already sued you in small claims court, you should answer saying that the debtor is deceased and you are not liable on the debt. Enclosed a copy of the death certificate. If you are forced to go to a hearing on the... Read more »

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1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Our brother is trying to get to be Executor of our fathers estate, but 5 out of 7 of us want to contest it. Kentucky

There were 8 children, one is deceased. There are now 7 of us, 3 full, and four stepchildren. We had different mothers. Our brother William is trying to get the court to grant him to be the executor over my fathers estate, and has told the court that it is only worth $1000. Our father died on... Read more »

Timothy Denison
Timothy Denison answered on Nov 9, 2019

You all appear at the hearing, advise the judge, and he will likely appoint a neutral party to oversee the estate.

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: failed 3 urine tests for probation sending me to rehab for 6 months do I have any options

2 years probation on diversion program 6 months I lose everything

Timothy Denison
Timothy Denison answered on Oct 29, 2019

Your other option is worse: jail. If they don’t remove you from diversion, I’d take the rehab and be thankful for the gift.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: How difficult and time-consuming is it to contest a will ?

There are five siblings possibly four wanting to contest the will our sister withheld our mothers will and we haven't even got to see it

Timothy Denison
Timothy Denison answered on Oct 16, 2019

It is both costly and time consuming although split 4 ways helps with the cost.

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: So my supervision end date was 8-14-19, havnt heard from P.O. until this weekend she left a note to report today.

I was on low supervision, quarterly check ins, last visit was June, P.O. said if I didn’t hear from her after my end date I was good. My check in would have been 9-26-19. Havnt had any calls, or talked to her since then, and Friday she placed a note saying I needed to come report this morning.... Read more »

Timothy Denison
Timothy Denison answered on Oct 7, 2019

Probably finalization of being off paper. Go see her and find out.

2 Answers | 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
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.

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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
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
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
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
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
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
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
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
Timothy Denison answered on Apr 15, 2019

Yes indeed.

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