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Kentucky Probate Questions & Answers
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.

1 Answer | Asked in Family Law and Probate for Kentucky on
Q: I'm in need of help. My 17 year old daughter passed away on Dec. 1,2022. I didn't have custody of her someone else does.

Who has the say so over the funeral arrangements etc?

Timothy Denison
Timothy Denison
answered on May 31, 2023

You should have direct input into her final details.

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Kentucky on
Q: Question regarding property, nursing home medicaid, and eviction.

A older person with very little SS income has a home with a mortgage and possibly no equity if sold. She gets married and moves in with spouse. She gets brain cancer and ends up in a nursing home for rehab. Spouse pays 30 days stay to try and get her medicaid eligible in meantime. Lawyer says gotta... View More

Timothy Denison
Timothy Denison
answered on May 3, 2023

If the home is not in her name, it can possibly be transferred since there is no equity in it. If the hone is in her name, if you can show Medicaid there is no equity, they might possibly start paying. If not, the house will likely have to be sold and the renters will have to buy it at sale.

1 Answer | Asked in Estate Planning, Family Law and Probate for Kentucky on
Q: Can the State of Kentucky put a lien on my deceased mother's property for unpaid medical bills?

My mother recently passed while still owing on her property in Madison County, KY. The State of KY was her guardian prior to death and she died with no will. I'm her only living relative and I went to probate court and was granted Petition/Order to Dispense With Administration, and am now... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2023

You will have to open probate to be able to make any transfers of the real property or the vehicles. A disprr we NDR eith administration will not get that done for you.

1 Answer | Asked in Probate for Kentucky on
Q: I have judge signed petition/order to dispense with administration. But I don't have a clear understanding of what's nex

What's next on getting the deed changed as well as the title to vehicles changed over. Do I have control and rights to get this done now.

Timothy Denison
Timothy Denison
answered on Apr 17, 2023

No. The dispense wil not get the deed changed or the car titles changed. You will have to get yourself appointed administrator to be able to execute those documents.

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Probate for Kentucky on
Q: A house was never transferred on parents death (10+ years ago) to the children. What is required to make that happen

Esp if some children have passed and the remaining do not agree? What needs to happen to transfer the deed out of the parents name?

Timothy Denison
Timothy Denison
answered on Mar 15, 2023

You will have to open or reopen probate and get appointed as executrix or administrator of their estates so you can execute a new deed.

1 Answer | Asked in Probate for Kentucky on
Q: What probate filing should I file if my aunt is deceased with no will & no probate to transfer her car into my name?

The car is paid for, & she was the sole owner with no spouse or children or will.

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

You will have to file the full probate as a dispense with administration is not available to a niece. Sorry for the bad news.

2 Answers | Asked in Criminal Law, Civil Rights and Probate for Kentucky on
Q: I'm on parole in Kentucky and I don't feel that the officer's are working to help me I want to go to rehab and contact

Them after I get their due to being afraid they are just gonna lock me up instead of agreeing with going to rehab and allowing me.

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 14, 2023

You need to work with your officer. If you go off the grid they can arrest you. Probation and parole is in charge with supervising you and you have to abide by their rules and their timetable.

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1 Answer | Asked in Probate for Kentucky on
Q: Are you still the executor if probate isn't required in Kentucky? If not, is it worth filing for probate?
Timothy Denison
Timothy Denison
answered on Jan 24, 2023

You are not an executor or executrix unless snd until appointed by the court. Whether it’s worth filing for probate depends on the assets and property of the estate. Consular an estate planning or probate lawyer to determine whether you should or must open probate.

1 Answer | Asked in Estate Planning, Probate, Real Estate Law and Identity Theft for Kentucky on
Q: I need HELP! In KY my dad died in 2013 & my mamaw in 2014. I didn’t know about probate & I was never told about it..

I have been doing research n have found that I don’t think it was ever properly done. The probate in either dads or mamaws estate. Monday will be 10 years since my dads death & I have never seen any types of docs or proof of anything. It looks like by the courthouse docs that everything is... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

You need a local attorney who has access to all the necessary information.

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