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Kentucky Probate Questions & Answers
1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: Do you have experience in probation violation

Do you have experience in probation violaton

Timothy Denison
Timothy Denison
answered on Apr 15, 2019

Yes indeed.

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: If I am a felon. And I violated my probation with a misdemeanor of shoplifting under 500 what will happen

If I am a felon. And I violated my probation with a misdemeanor of shoplifting under 500 what will happen

Timothy Denison
Timothy Denison
answered on Apr 15, 2019

Same answers as the last two you posted this question.

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: What are the possible outcomes for a person that first time Violatedtheir probation by picking up a crime of shoplifting

What are the possible outcomes for a person that first time Violatedtheir probation by picking up a crime of shoplifting which is a Misdemeanor Even though their own probation for Bulgary

Timothy Denison
Timothy Denison
answered on Apr 14, 2019

1) Revocation and incarceration

2) Revocation and continued probation

3) Withdrawal of revocation motionif shoplifting case dismissed.

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: What happens if someone violates probation for the first timeWhat is the outcome As in they pick up a new case

What happens if someone violates probation for the first timeWhat is the outcomeAs in they pick up a new case and key in the probation officer give the person seven day sanction Instead of having a revocation hearing

Timothy Denison
Timothy Denison
answered on Apr 14, 2019

Depends on several factors, such as judge, prosecutor, severity of new charges, resolution of new charges, probation officer, etc! Generally lighter on first time violators that repeat.

1 Answer | Asked in Probate for Kentucky on
Q: Siblings paid funeral costs, etc associated with suicide of their brother. Can we get reimbursed by estate?

We had to pay for remediation to his home plus addt'l costs. We have not located a will yet but believe there could be one. We also believe brother assigned beneficiaries to his investments and POD to his bank accounts. House and car appear to be titled to deceased only. If an executor/will... View More

Timothy Denison
Timothy Denison
answered on Mar 14, 2019

You file a proof of claim with the estate for all those out of povlet e pended. Many are administrative expenses paid first.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: What is my next step?

My sister passed in 2007. I was executor of her estate. She had no will and everything went to me and my brother and sister. Everything was done correctly and estate closed. Recently I discovered money on the KY unclaimed property site. what should I do?

Timothy Denison
Timothy Denison
answered on Feb 26, 2019

File a motion to reopen the estate, get reappointed, then claim the unclaimed money, show equal division amongst heirs, have them sign off on it, then file a supplemental final settlement.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Is a will legal in Kentucky, if the testators signature is misspelled 2 times?

My grandmothers will was executed by her nephew and his lawyer.they brought the will to the hospital when she was in ICU and she misspelled her name 2times.is there also undue influence because the majority of her estate benefits him and his brothers and sisters(17 ofthem) and I never met one of... View More

Timothy Denison
Timothy Denison
answered on Feb 3, 2019

If she was in Her right mind when she signed it, the signatures are valid, misspelled or not. However, the undue influence claim will have to be determined in a will contest action. Check with her physician, who will be in the best position to tell you whether she was capable of signing a will... View More

1 Answer | Asked in Probate for Kentucky on
Q: My Husband just passed without a will. Do I need Probate?

The only things solely in his name were a car and registered handgun. Everything else was joint. There are no outstanding assets or debts.

Timothy Denison
Timothy Denison
answered on Jan 14, 2019

You can do a dispense with administration in probate on the car and change the title into your name and you won’t have to do anything else.

1 Answer | Asked in Probate for Kentucky on
Q: Father passed away on DEC 17 2018 my stepmother has keep everything from me of my fathers there was no will that I know

She trying to say she gets everything and that his assets were less than 15000 when I know better she lied to lawyer which is a friend or family of hers so believe they telling her to do it because she can't stand me where do I stand and what can I do

Timothy Denison
Timothy Denison
answered on Jan 9, 2019

Oprn a probate case on behalf of your father and seek determination in the court.

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: Probation revocation hearing dec 10th and a status hearing on dec 28th. Failure to make a restitution payment and FTA

What to expect.

First probation violation

Failure to make a restitution payment and FTA.

Scared :-(

Timothy Denison
Timothy Denison
answered on Dec 8, 2018

Probably will leave you on probation since it is your first time and direct you to make up missed payment.

1 Answer | Asked in Probate for Kentucky on
Q: Can a parent be a preferred creditor on Petition to Dispense with Administration?
Timothy Denison
Timothy Denison
answered on Nov 5, 2018

Yes.

1 Answer | Asked in Probate for Kentucky on
Q: I live in MI amd my dad just passed away in KY with no will. What are my legal obligations as far his debt/personal prop

I am not interested in estate or property or money. I just dont want to be stuck with any outstanding bills or be responsible for his property. He has a girlfriend who lives in his house on her property. How would she legally obtain possession of the trailer? Does it have to go to probate and then... View More

Timothy Denison
Timothy Denison
answered on Oct 19, 2018

You do not have any legal obligations and you cannot be held to pay any of his debt. Girlfriend would need her own attorney to try and establish possession.

1 Answer | Asked in Probate for Kentucky on
Q: Problem with administrator ( also a benifecary) not communicating with the only other equal benifecary, its been 15month

Main asset is real estate, he wants to buy out the other benifecary but will not discuss any figures, property is valued between 180,000 to 200,000 with no lien, he is living in the home free, brothers are the only heirs, no will, the brother who is administrator is living in house and is also a... View More

Timothy Denison
Timothy Denison
answered on Oct 19, 2018

You can hire an attorney and bring it before the Court to determine value and sale.

1 Answer | Asked in Probate for Kentucky on
Q: Administrator of estate without a will, also equal benifecary, wants to buy the real estate ( which is main asset)

Won't discuss the buyout amount and now wants other benifecary to sign a informal waiver with no documentation

Timothy Denison
Timothy Denison
answered on Oct 19, 2018

The administrator can’t sell the property without permission of the probate court. The court will require a full accounting.

1 Answer | Asked in Probate for Kentucky on
Q: Husband passed away. Car only has his name on title. We bought & pd off car while married. Any way to transfer w/out pr

No outstanding dues on car. I want to avoid dealing with probate but question is, is this my property and transferable to me under these circumstances? Does this fall under community property or tenancy or anything? I just want to be done with it and not deal with anything else.

Timothy Denison
Timothy Denison
answered on Sep 27, 2018

You can do a dispense with probate order for the limited purpose of transferring the car into your name without having to probate the estate.

1 Answer | Asked in Probate for Kentucky on
Q: Probate or Estate

I have a question My aunt passed away last week at 94. She left everything to my granddad who was 86 but died back in june 2018. Three months before her. Who gets her money and possesions? She has a niece and nephew take care of the last few months. My granddad her brother took care of her up until... View More

Timothy Denison
Timothy Denison
answered on Aug 25, 2018

See my previous answer to this question.

1 Answer | Asked in Probate for Kentucky on
Q: I have a question My aunt passed away last week 94. She left everything to my granddad who was 86 but died three months

I have a question My aunt passed away last week at 94. She left everything to my granddad who was 86 but died back in june 2018. Three months before her. Who gets her money and possesions? She has a niece and nephew take care of the last few months. My granddad her brother took care of her up until... View More

Timothy Denison
Timothy Denison
answered on Aug 25, 2018

If she had a will or you find a will, it will pass to the next designee(s) per the will. If there is no will it will pass under the statutory laws of intestate (no will) succession.

1 Answer | Asked in Probate, Public Benefits and Estate Planning for Kentucky on
Q: My mother has Alzheimer's disease and she willed her two retirement accounts to me some time ago. When should I send it

When should I send a copy of the will?

Timothy Denison
Timothy Denison
answered on Aug 18, 2018

You should send it now bc some other documents my need to be executed while she is still alive.

1 Answer | Asked in Probate for Kentucky on
Q: my dad died a year ago and his wife at the time sold everything and kept it I was by his first wife

and as far as a will they never told me about one

Timothy Denison
Timothy Denison
answered on Jul 22, 2018

Need to determine if there was a willfirst.

1 Answer | Asked in Probate for Kentucky on
Q: My Mother had her house put in my Son's name before she went into the nursing home and asked him to sell the house when

she passed away and split the proceeds 5 ways. now he refuses to do that. can he get by with not honoring her wishes?

Timothy Denison
Timothy Denison
answered on Jun 25, 2018

Was there anything in writing detailing her wishes for this 5 way split to happen?

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