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Kentucky Probate Questions & Answers
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.

1 Answer | Asked in Real Estate Law and Probate for Kentucky on
Q: How can I be reimbursed for updates I did to my mother's house, in order to sell? She passed away with a will.

There are 4 siblings, sister executor, my sister and I are the only ones who worked to update house, in hopes of fast sell. Sister promised me 1/2 of executor payment for doing the updates. Now I found there is no mention of executor getting extra, in the will. How can I make sure I get paid for... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

File a proof of claim in the probate case with receipts and itemizations for all the work you did and all the materials you bought.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Hi, what are the consequences of not formally closing an "estate" if no taxes are owed, all debts are paid and money is

distributed to heirs?? Will the court come after the administrator??

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Yes. They could sanction the administrator, remove the administrator or make the administrator pay the cost of finalizing the estate because the estate must be properly closed..

1 Answer | Asked in Probate for Kentucky on
Q: The probate case I am involved in was signed off by judge last Thursday. I am due an inheritance check.

My question is what steps do I need to do to receive my check now? I am an heir and not the executor. Is there a time limit for me to get it? And if I ask now for it and don’t receive it, then what is my next step to get it? Thank you

Timothy Denison
Timothy Denison
answered on Dec 8, 2022

You should receive your check two to four weeks after final approval of the order.

1 Answer | Asked in Probate for Kentucky on
Q: What is left to do after a judge signs off on final settlement for a probate case?

Do heirs have to sign anything before they receive their inheritance check? I have no idea what to expect. Thank you

Timothy Denison
Timothy Denison
answered on Dec 8, 2022

Wait for the disbursement of your share which should occur within 14-30 days after finality.

1 Answer | Asked in Probate for Kentucky on
Q: I’m expecting an inheritance check. When l went to lawyers office to request it they told me it would be at least 2 more

Weeks before I might receive it. The final settlement has already been signed by the judge. So all is left is distribution of funds. I want my check now so why would I have to keep waiting? I’m ready to get this over with It has been 8 long months since all this started. What reasons would there... View More

Timothy Denison
Timothy Denison
answered on Dec 8, 2022

It usually takes 14-30 days after the order is final before disbursement. Quite a bit more is involved than the dimple writing of the check.

1 Answer | Asked in Probate for Kentucky on
Q: I had a lawyer. When I asked for him to file a motion for me and he would not do it for me

I went and filed it anyway on my own. After I filed the next day I fired my lawyer. Is there any repercussions against me for doing this? And the judge has not signed off on the order to release my attorney and it has been two weeks since I filed this and fired my attorney. I have a court date this... View More

Timothy Denison
Timothy Denison
answered on Nov 16, 2022

No. Just go to the hearing and tell the judge your questions or concerns and get a response. No repercussions.

1 Answer | Asked in Probate for Kentucky on
Q: Who would I ask to speak to at courthouse to see if final settlement is formal and not informal?

If is not been filed formal what steps do I need to get this filed formal? And if it is formal and there is information not on the final settlement what steps do I need to take to make sure everything is listed? Thank you

Timothy Denison
Timothy Denison
answered on Nov 13, 2022

The district court probate clerk. Unless everyone signed a waiver of settlement, it must be file formally.

1 Answer | Asked in Probate for Kentucky on
Q: What if a lawyer will not file something for you? Example: a partial distribution. What do you do to get it done?
Timothy Denison
Timothy Denison
answered on Oct 13, 2022

Find out why he won’t file it and then make a decision to file anyway, not file or hire a new lawyer.

1 Answer | Asked in Criminal Law, Federal Crimes and Probate for Kentucky on
Q: In Kentucky is someone eligible for shock probation if they get caught for trafficking meth and probation violation.

Serve their time then get released, just to get hit with 10 probation violations for felony offences? Let's say hypothetically if someone Had a friend get caught for trafficking meth first offense first degree and a probation violation. He served about two years on that, then was released. A... View More

Timothy Denison
Timothy Denison
answered on Sep 6, 2022

Impossible to say for certain but the likelihood is greater that he’s talking than just getting lucky breaks.

2 Answers | Asked in Contracts, Real Estate Law and Probate for Kentucky on
Q: If there are three beneficiaries that inherited a farm to split equally, can it be sold with out all three agreeing?

My father passed away in 2020 living myself and my two sisters as beneficiaries. During the probate process all his assets were divided out between us and the real estate was stated that we all three own it. Last week my sister's put the real estate up for sale without my knowledge. I do not... View More

Nina Whitehurst
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answered on Aug 2, 2022

They cannot sell without your signature. However, if you refuse to cooperate, they can bring a partition action against you to force a sale, and that will be very expensive, and the court fees and costs will come off the top or might even possibly be charged to you.

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1 Answer | Asked in Probate for Kentucky on
Q: how to file a response to a disallowance of claim in a probate case

Just want to make sure that I can legally file a response if I am not an attorney

Timothy Denison
Timothy Denison
answered on Jul 29, 2022

Put it in the same case form and style as the disallowance pleading, set out your response and reasons therefor, file it with the court and send a copy to all other parties in the case.

1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Probate for Kentucky on
Q: 10 year old's dad died in car accident, brother and mom took next of kin and refuse to give my daughter ashes

My 10 year olds dad was killed in a car accident, his brother and mother have taken over the estate (we are in different states and weren't married) and had him creamted, and have told me they will not give any of my daughters dad's ashes to her. I have filed petetion for head of estate... View More

Timothy Denison
Timothy Denison
answered on Jul 28, 2022

You’ll have to file a lawsuit against the family and the estate regarding the ashes, but certainly nothing is going to be accomplished by 7/30/22. I am not sure it would be worth the cost of filing suit, but that is certainly your decision.

1 Answer | Asked in Estate Planning, Personal Injury and Probate for Kentucky on
Q: how can i have next of kin taken from my daughters dad's family and given to my daughter

they refuse to give her any of her dads ashes

Timothy Denison
Timothy Denison
answered on Jul 27, 2022

It is unclear what you are asking beyond taking ashes from next of kin and giving to your daughter. Many more facts are necessary to complete the picture and explain what is actually happening here.

1 Answer | Asked in Probate for Kentucky on
Q: Is a will legal if it is only witness no lawyer no court admitting no probate
Anthony M. Avery
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answered on Jul 26, 2022

Unless a Will is admitted to Probate, it has no legal effect whatsoever.

1 Answer | Asked in Probate for Kentucky on
Q: Do I need a deed or transfer after completion of probate. How do I get one in Kentucky?

I was administrator of my mothers intestate estate in Kentucky. Probate is now complete with judges signature. Do I need a deed to fully hold ownership of the house and property or to sell? I was sole beneficiary-only child. There were no debt holders, and my wife and I have been paying the... View More

Timothy Denison
Timothy Denison
answered on Jul 10, 2022

You probably should go ahead and deed it to yourself now to avoid problems in the future.

1 Answer | Asked in Probate for Kentucky on
Q: my father and my daughter are joint tenants on mortgaged property/home.but fathers name only on the deed. he died 2/21

intestate.i was his caregiver and lived in home 7 yrs.since his passing ive paid all mortgage payments and kept up property.my sister now wants to be administrator and sell the property. but she and her mother came into the home alreadt and took all the assets.once breaking in thru a window. what... View More

Timothy Denison
Timothy Denison
answered on Jul 3, 2022

File a petition for you to be appointed as Admr of his estate snd object to your sister bring appointed. You should also file a proof of claim with the estate for your payments on the property.

1 Answer | Asked in Probate for Kentucky on
Q: How many days after a signed (affidavit of transfer of assets without administration) take to be completed?

After being filed thru the court system.

Timothy Denison
Timothy Denison
answered on Jun 15, 2022

Varies by court but generally shouldn’t be more than 2-3 weeks.

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: what do I do? is there any chance he will make bond? what's going to happen

he was reporting to probation and parole for the first time since being back on it and taking a deal he was only off probation for about two months he had just got back on probation because he accepted a deal in casey county for a possession charge he had caught a year ago even though he had just... View More

Timothy Denison
Timothy Denison
answered on May 27, 2022

Depends solely on what resources his friends and family make available to him.

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.

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