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Kentucky Probate Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Kentucky on
Q: My Aunt just passed away last week and her will is cut and dry naming myself and my brother the beneficiaries.

My wife is the executor and the will states for my brother and me to receive her entire estate, my question is, do we have to go through probate court? We reside in kentucky

Michael K. Ruberg
Michael K. Ruberg
answered on Jun 17, 2024

It depends on what property there is in the estate amnd how it is titled.

If joint you will not need probate. If it is still in her individual name you will need to go through probate.

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1 Answer | Asked in DUI / DWI and Probate for Kentucky on
Q: I was taken to jail in Ky. For driving on dui suspended 2nd license, however I wasn’t pulled over and I wasn’t caught

In the Act of actually driving, I was out of the car while it was parked and in the process of walking away from the car, and I’m fairly certain that my rights weren’t read to me… the judge offered to amend the charge to 1st offense with credit for time served. I turned it down and bonded... View More

Timothy Denison
Timothy Denison
answered on Jun 9, 2024

If no one saw you driving, you may be able to challenge it on not being committed I. The presence of the officer, ehich is required by most misdemeanors.

1 Answer | Asked in Probate for Kentucky on
Q: I would like to ask how many times do you need to do probate on an estate?

I am over the estate after my grandfather died what do I need to do if I want to sell the house and property

Timothy Denison
Timothy Denison
answered on Mar 17, 2024

Only once. You need to make a motion for permission to sell the property unless you were granted that specific authority in the will, in which case you do not need the Court's permission.

1 Answer | Asked in Probate for Kentucky on
Q: Do i, as executor, have to send them something to sign before i can close probate here in ky?

I have started probate for my stepdad's estate. the biological children are not named in the will.

Timothy Denison
Timothy Denison
answered on Mar 4, 2024

No. Only heirs under the will need be notified.

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: I'm on parole in Allen County KY, just found out I've been charged with absconding. What can or will they do to me for

Absconding 1st time in parole in KY??

Timothy Denison
Timothy Denison
answered on Feb 8, 2024

Most likely they will seek to return you to prison and revoke your parole if the absconding can be proven.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: I have been appointed executor of my mother’s will. Beneficiaries include me, my sister, and 9 grandchildren (3 of whom

are minors). Grandchildren will each receive about $2500. How should this be paid to minor children and can the minor children sign the informal settlement agreement form.

Timothy Denison
Timothy Denison
answered on Feb 8, 2024

The probate court will set the terms but generally the children’s money will be placed in a blocked account until they reach age 18. The Court will have to give permission before any of the money can be withdrawn. The minors do not sign the informal final.

1 Answer | Asked in Probate for Kentucky on
Q: What happens to the people already living in the house of a deceased family member through probate hearing?

My boyfriend an I living in his deceased Mamaws house he's just watching the place but his grandmothers step daughter is taking his family court probate hearing what happens to us ones still in the house after the probate hearing?

Timothy Denison
Timothy Denison
answered on Feb 7, 2024

It is up to the court. You may be permitted to remain there and pay rent to the estate or you may have to vacate the property.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: would it hurt anything to go ahead and notify my deceased moms creditors of her passing?

no other proceedings have been started yet thank you

Ky

Timothy Denison
Timothy Denison
answered on Jan 22, 2024

No. It should be fine to notify them.

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Kentucky on
Q: What gives an attorney the right to have you removed from courthouse after appointment of administration of mother's est

Hearing?he is clearly representing my brother not estate,as brothers wife cleans his house.told me get my info from courthouse and I could go to hell .

Timothy Denison
Timothy Denison
answered on Jan 13, 2024

More facts are needed to properly answer this question.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: i asked a ? prev on 11/2023 abt my mom & her est. i found what might be considered a holographic will (handwritten)

she wrote the letter she identified herself & the subject matter of what she was writing and what her wishes were but if she signed it with an alias is it valid? she signed it MOM but at the beginning she fully identified herself and what her intentions were would it help in any way to turn it... View More

Timothy Denison
Timothy Denison
answered on Jan 11, 2024

It’s worth a shot. You might be able to actually get that probated as a holographic will but I would find at least two neutral and detached witnesses who can identify her handwriting on the writing.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Kentucky on
Q: tia, any lawyers offer installments or pro bono for dying intestate in Daviess County KY? should be fairly cut n dry

she owned her house, filed for bankruptcy quite a few years back, and didn't accumulate much debt passed quickly with no nursing home involved we were in the process of making her LWT but didn't get it finalized before she passed.

Timothy Denison
Timothy Denison
answered on Nov 28, 2023

Check with your local bar association or legal aid society. They maintain list of reduced or pro Bono lawyers.

1 Answer | Asked in Consumer Law, Probate and Wrongful Death for Kentucky on
Q: I am the only blood child what are my rights

Being the only child can i stop the executor of my father’s estate until i can get an investigation on his death? His ex wife’s son is executor of his estate the police went out to check on his home for me and they was there emptying the home and he had not been in the ground 30 minutes. I was... View More

Timothy Denison
Timothy Denison
answered on Nov 5, 2023

You need to hire a lawyer, open probate, get appointed and then open your own investigation into his death. This could be time consuming and costly, however, with guarantee as to any results.

1 Answer | Asked in Probate for Kentucky on
Q: My parent has died in Kentucky without a will. Myself and my siblings were named as heirs.

I do not want anything from the estate. How would I go about having myself removed as an heir?

Timothy Denison
Timothy Denison
answered on Oct 26, 2023

Write a letter to the estate attorney renouncing your interest as an heir. Problem solved.

2 Answers | Asked in Probate for Kentucky on
Q: As primary creditor can I request assets be assigned to me post dispensing with administration?

We were able to enter his apartment after dispensing with administration in court and found paperwork regarding a small bank account and retirement account. The total value does not exceed $30000 even adding all property listed in probate.

Timothy Denison
Timothy Denison
answered on Aug 28, 2023

Yes. You can.

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2 Answers | Asked in Adoption, Family Law and Probate for Kentucky on
Q: in ky if my half sister is adopted by another man is she still heir to our fathers estsate?

father passed before he was willed by his aunt 1/3 of her estate. In her will she states in his passing it should go to his children myself and half sisters name listed. My half sister was adopted by another man years previous and showed up with her hand out to recieve "her share". is... View More

Timothy Denison
Timothy Denison
answered on Aug 14, 2023

No. If she was adopted by another man, her rights to inherit from your father have been terminated.

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1 Answer | Asked in Probate for Kentucky on
Q: My parent passed in Kentucky without a will.Their significant other was appointed administrator of their estate.

They were not married. My parent has 4 heirs.The estate has no outstanding debts except a vehicle payment. The estate has the money to pay the vehicle off and to pay all administrative fees and taxes. Can the administrator pay the vehicle off and obtain the title? After receiving the title can the... View More

Timothy Denison
Timothy Denison
answered on Jul 17, 2023

Yes. The admr can pay the vehicle off and obtain the title. If one of the heirs objects to the sale, it can be sold to the highest bidder or it can be sold publicly to the highest bidder.

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: my boyfriend is in drug court and probation and failed a drug test at probation today and caught a tampering with

with physical evidence charge he was trying to use fake urine and got caught . he had already had a tampering with physical evidence charge which is partly why he's in drug court and probation to begin with is, possession of a controlled substance (3 years) and tampering with physical evidence... View More

Timothy Denison
Timothy Denison
answered on Jul 15, 2023

Doubtful he is out in July. His dishonesty with the urine is the problem. Depending on his record and prior infractions, the sanction could be as little as time served up to snd including full revocation.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Does joint accounts and retirement accounts with named beneficiary bypass probate?

My mother-in-law has put my wife on all of her checking/savings accounts as a joint account holder and named her as beneficiary of her retirement accounts. Her will (when she re-writes it) will leave $10K and a few certain items to my wife's sister and all remaining assets to my wife. There... View More

Timothy Denison
Timothy Denison
answered on Jul 8, 2023

That should be sufficient to avoid probate. The sister in law can always challenge the will as can any beneficiary, so that is a given.

1 Answer | Asked in Probate for Kentucky on
Q: Okay question my boyfriend has been approved for shock probation but how long will it take for them to get it

And when will he get the paper that says it and I heard they release on the 1st when it comes to shock is that true

Timothy Denison
Timothy Denison
answered on Jun 20, 2023

Usually a couple weeks after the judge grants it. It has to work it’s way through the system.

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