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Kentucky Probate Questions & Answers
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 »

1 Answer | Asked in Probate for Kentucky on
Q: My brother died 1/13/2021 there is no will hardly any assets maybe $675.00 in bank account & an 2000 Lincoln car. Help

His estranged Childers signed over a paper to me so I could get him buried. I don’t know what to do now. He didn’t have much but I would to be paid for cremation he lived in In Thanks for help

Timothy Denison
Timothy Denison
answered on Feb 25, 2021

File a dispense with administration in your local probate office. That should take care of it.

1 Answer | Asked in Probate for Kentucky on
Q: Live in KY, Mother passed away, some debt, <5k in assests, no will. Do I file AOC 830?

Kentucky Retirement has a lump sum to pay estate they sent Form 6016 and 6810. She also had small IRA. I'm the only child.

Timothy Denison
Timothy Denison
answered on Feb 25, 2021

You should be able to file a Dispense with Administration.

1 Answer | Asked in Probate for Kentucky on
Q: my father passed away. he had an original prenup document left at the estate lawyers office.

The lawyer then left the state for a vacation and I was told I couldn't get a copy because he took this document with him and would have to mail it back to his office before I can receive a copy. Is that a proper way to handle an original legal document.

Timothy Denison
Timothy Denison
answered on Jan 19, 2021

Your father should have had a copy of the prenup which, in the absence of the original, can be used for the same purposes.

1 Answer | Asked in Probate for Kentucky on
Q: Hello my father in law passed away unexpectedly on 12-31-20. He did not have a will and my husband is his only child.

His house is paid for as well as his vehicle. He had zero debt and a few thousand in the bank. We have decided to sell his house to help cover the burial expenses. We are waiting on his death certificate to transfer the house and car into my husbands name. What are the next steps we need to do to... Read more »

Timothy Denison
Timothy Denison
answered on Jan 7, 2021

You will have to open probate to transfer the house and vehicles.

1 Answer | Asked in Probate for Kentucky on
Q: If my step-mother dies, without a will, does her property transfer to me if I'm an only child?

My father and step-mother purchased property and built a home years ago. My father died before it was all paid for so my step-mother finished paying for the property, of course. She has no other children but does have several brothers and sisters. I have lived on the property myself for 60ish... Read more »

Timothy Denison
Timothy Denison
answered on Dec 23, 2020

If she dies without a will, the property will pass under the laws of intestacy to her brothers and sisters.

1 Answer | Asked in Probate for Kentucky on
Q: Mom and a deceased uncle owned a property. Mom, along with 5 of 7 heirs want to sell. How can we force a sale?

My mom and uncle (recently deceased) own a property in Kentucky. My uncle's half interest passed to seven heirs. My mom and FIVE of the heirs want to sell the property. The remaining two heirs refuse to even discuss selling it (or anything else), and are completely unresponsive to attempts to... Read more »

Timothy Denison
Timothy Denison
answered on Dec 14, 2020

File suit for the sale of the property.

1 Answer | Asked in Probate for Kentucky on
Q: Father died testate - left everything to my mother. Probateable assets are less than $30K so my mother will file AOC-830

Question concerns block 4 of form. Does she need to “apply for probate of his will”? Not sure what this would entail and if there is an advantage or disadvantage to doing this and if this would mean additional expenses? There have been no expenses with the estate as his funeral was prepaid.

Timothy Denison
Timothy Denison
answered on Nov 18, 2020

She does not need to apply. The dispense will be sufficient.

1 Answer | Asked in Probate for Kentucky on
Q: My spouse passed away. Our property is in both our names. Do I need to go to probate to get the property in my name only
Timothy Denison
Timothy Denison
answered on Nov 4, 2020

If there is nothing else in his name and your joint property was held as joint tenants with rights of survivorship, no. Otherwise, yes.

1 Answer | Asked in Probate for Kentucky on
Q: Is it possible to voluntarily revoke your parole in KY?

I am on Parole, and have a good feeling my officer is going to try to revoke me. My maximum expiration date was almost a year ago, and restitution is the only thing that's keeping me on parole, (which should be paid off in two weeks max). Ive been told that even if the parole board revokes me,... Read more »

Timothy Denison
Timothy Denison
answered on Sep 2, 2020

Too many ifs in your scenario to take a chance. Get that restitution paid and get cut loose once and for all.

1 Answer | Asked in Criminal Law, Probate and Estate Planning for Kentucky on
Q: Can my mom's power of attorney press charges on me for purchases I made while I was in charge of her account?

My dad died and he left me his wallet and asked me to take care of bills and house before he went to hospital. When he died their will said my sister was power of attorney so I gave her all the things to pay bills and stuff. She says I spent money wrong and wants to press charges on me for it.

Timothy Denison
Timothy Denison
answered on Sep 1, 2020

Doubtful it was a crime but it can be hashed out in probate court and corrected.

1 Answer | Asked in Contracts and Probate for Kentucky on
Q: KY seller didnt disclose house was in probate & I unknowingly agreed to extend contract. Can I get out of ext?
Timothy Denison
Timothy Denison
answered on Aug 6, 2020

Probably, yes. Fraud in the inducement is sufficient for you to terminate extension.

1 Answer | Asked in Probate for Kentucky on
Q: Survivorship on deed, step mom just passed, dad been dead 15yrs; deed still has Dad on it. No Will. Am i involved still?
Timothy Denison
Timothy Denison
answered on Jul 17, 2020

Your recitation is unclear. Who is on the deed.

2 Answers | Asked in Probate for Kentucky on
Q: Step-children after spouses death

My mother’s husband passed without a will. All his assets were bought jointly after the marriage. My Mother’s name is jointly on all the titles. The only thing just in his name was his bank account and one son stole his bank card and emptied it. She had told the step-children she would give... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jul 2, 2020

They can't take your "Mother's property" but they sure can try, and if you do nothing, they might succeed in hoodwinking the judge. Happens all of the time. You need a lawyer to prevent that from happening.

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