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Kentucky Probate Questions & Answers
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.

1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Kentucky on
Q: Any way to challenge a deed transfer from 7 years ago.

Family farm was deeded to stepmother 7 years ago. Just finding out after my father’s death last month. So far no known will. Supposed will from 20+ years ago per fathers conversation with son. Significant isolation of father by stepmother. She had power of attorney. He had significant history... Read more »

Timothy Denison
Timothy Denison
answered on Nov 5, 2021

You may be able to challenge it depending when you learned about the problem.

2 Answers | Asked in Criminal Law and Probate for Kentucky on
Q: Cops pulled me and my friend over because he didn't use a turning single but they were following us from five star

Cops pulled me and my friend over because he didn't use a turning single then follow me up to my apartment and searched but didn't have a warrant and they found 3 meth pipes and meth on a plate and took pictures but didn't arrest me was I charged? What will happen? They had no... Read more »

Leland Hulbert
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Leland Hulbert
answered on Sep 11, 2021

You need to hire and experienced criminal defense attorney to call the police. Narcotics detectives do this kind of thing all the time they try to shake people down to go after the bigger fish in the drug chain. If you allow them to search your apartment then they can search. If you told them they... Read more »

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1 Answer | Asked in Probate for Kentucky on
Q: My wife's grandmother passed leaving her truck to my wife. Can I go do the probate for my wife or is she required to

There is a will

Timothy Denison
Timothy Denison
answered on Aug 10, 2021

Most likely the will has to be probated and the executor can then sign the truck over to your wife.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Can an estate attorney and an executor put a house into probate without a deed. What if someone else holds the deed?

I have the deed to the house that my Dad lived in. Upon his death the executor of his estate barred me from my home and took most of the belongings, I just discovered that I am the rightful deed holder. What are my remedies?

Timothy Denison
Timothy Denison
answered on Jul 2, 2021

One would need to see the deed and will to fully snd properly answer this question. However, you should hire a probate attorney to represent you and protect all your rights as an heir.

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: Will a epo violate my parole in ky? My ex filed epo on me. No physical abuse was involved and no charges were filed.
Timothy Denison
Timothy Denison
answered on Jun 11, 2021

Most likely no, bc an epo is a civil proceeding.

1 Answer | Asked in Probate for Kentucky on
Q: In KY, if someone is named co-executor in a will but doesn't want to do it, what is the process for renunciation?

My brother and I were named as co-executors in my mother's will. We are in agreement that it'd be easier if I were the only executor. If he signs the waiver on AOC-805, will that be enough to renounce being the executor or does he have to file another form and/or notarized statement?

Timothy Denison
Timothy Denison
answered on Jun 11, 2021

Simply sign an agreed order to that effect.

1 Answer | Asked in Probate for Kentucky on
Q: Can a child contest a wife's next of kin status if she hasn't spoken to the deceased person in 5+ years?

My brother's father recently passed away. He had 4 children, 3 biological & 1 adopted, my brother being the youngest. None of the children had spoken to him in years due to drug & alcohol abuse. When he passed away, his body sat for a week because only his sister & his youngest son... Read more »

Timothy Denison
Timothy Denison
answered on Jun 8, 2021

If there was a will, it controls. If no will, distribution pursuant to the laws of the state for intestacy.

2 Answers | Asked in Real Estate Law and Probate for Kentucky on
Q: Signed a purchase contract, seller passed away, now what?

In the state of Kentucky, we signed a purchase contract for a piece of real estate and was set to close at the middle of June. The owner unexpectedly passed and we are unsure of his will, estate, or heir information. Is the purchase contract legally binding and are we still legally able to purchase... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 2, 2021

If the contract was enforceable against the decedent, then it is enforceable against his estate. You will need a probate attorney to help you work through this. The decedent’s estate will need a probate attorney, too. Things will progress much better and smoother if all parties have legal... Read more »

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1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Should I seek counsel in PA or KY?

My grandmother recently passed away in Pennsylvania. She did leave a will which list me and my siblings to receive and split her assets. However, my uncle, who is listed as the executor has the will. I have not seen it nor read it. All the information I receive is hearsay. I am Wanting to seek... Read more »

Timothy Denison
Timothy Denison
answered on Apr 29, 2021

Pennsylvania.

1 Answer | Asked in Probate for Kentucky on
Q: My father’s will states I can sell his house. As the probate appointed executor, can I sell the house in the normal way

Or does it have to be sold using the probate process?

Timothy Denison
Timothy Denison
answered on Apr 21, 2021

Using the probate process.

1 Answer | Asked in Real Estate Law and Probate for Kentucky on
Q: My father passed away inestate a year ago. My stepmother wants me to sign a quit claim deed.

It seems I was named on an affidavit of heirship. Does this mean I would be signing away my inheritance? My dad owned the land before they married, when he was married to my mother. My dad lived in Tennessee. I live in Lexington Ky.

Timothy Denison
Timothy Denison
answered on Apr 21, 2021

Yes, you would. You should consults a lawyer regarding your share before you do anything.

1 Answer | Asked in Real Estate Law and Probate for Kentucky on
Q: Looking at Purchase. Owner(Husband) wants out. May be issue with an estate/probate. In Kentucky. Limited knowledge.

Current owner(husband) pays current mortgage. His wife passed away a few years ago. No will or estate/probate was done upon death. He wants to sell now. She was gifted real estate from family. They were married at the time of the gift. He just found out his name was not on deed to the real estate.... Read more »

Timothy Denison
Timothy Denison
answered on Mar 29, 2021

Husband has a 1/2 curtesy interest in the real estate and a 1/2 curtesy interest in the personal property. He should immediately hire a probate attorney to assert his rights.

1 Answer | Asked in Probate for Kentucky on
Q: How does my husband obtain posession of his things from his deceased parents home?

My husbands parents both recently passed away and the house was left to his brother which is fine. I have certain things in the house that I want including a shot gun that his father told him he could have as they went hunting together all the time. The brother wont hand it over as he thinks it is... Read more »

Timothy Denison
Timothy Denison
answered on Mar 28, 2021

Hire an attorney and file a motion in probate court.

1 Answer | Asked in Probate for Kentucky on
Q: Does my mother have any other options for the home she now jointly owns with her step daughters?

My step father passed away and his will simply says to split his assets between my mother and his 2 daughters. When he and my mother completed their wills, they believed her name was on the deed to the home and ownership would fall to her. This was based on a conversation they had with their... Read more »

Timothy Denison
Timothy Denison
answered on Feb 27, 2021

She owns 1/2 of the realty by virtue of the marriage regardless of what the will says under the statutes. Idk if that helps much, but she would only have to purchase 1/4 from each stepdaughter rather than 1/3. One would have to see snd analyze the other assets and debt to see where she might be... Read more »

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