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Kentucky Questions & Answers
1 Answer | Asked in Civil Rights, Divorce and Family Law for Kentucky on
Q: Is my realtor giving my phone number to my ex after being asked not to a privacy violation?

I am going through a divorce and the marital home is for sale. When hiring the realtor, I asked that my number not be given to my soon to be ex husband, due to previously changing my number because of harassment by him. I was verbally promised my number would never be shared with him or disclosed... View More

James L. Arrasmith
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answered on Dec 9, 2023

In your situation, where your realtor shared your phone number with your ex-husband despite a verbal agreement not to, it could potentially be considered a violation of your privacy. The key issue here is the promise made by the realtor and whether it can be legally enforced.

Verbal...
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1 Answer | Asked in Copyright, Intellectual Property and Native American Law for Kentucky on
Q: I want to ask for clarification on how copyright works. Are quotes from people before 1923 also copyright free?

Quotes by genghis khan and Jane Austen to be specific. And does just changing the grammar of works in public domain, enough of change to grant copyright protection?

James L. Arrasmith
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answered on Dec 8, 2023

In general, works published before 1923 are in the public domain in the United States, which includes quotes from individuals such as Genghis Khan and Jane Austen. This means these quotes are not protected by copyright and can be used freely.

However, the situation regarding altering works...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Kentucky on
Q: I would like to know what kind of tests show steroid injection damage.

When I lived in Illinois I saw a pain management specialist in Illinois that gave me various Caudal Steroid Injection with a shot in the tailbone. When I moved to Kentucky I saw a different pain management specialist and I also got a Caudal Steroid Injection from that person. Since it was... View More

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answered on Dec 6, 2023

To determine the extent of damage caused by a caudal steroid injection, various diagnostic tests can be utilized. Common tests include MRI (Magnetic Resonance Imaging), which can provide detailed images of the spine and surrounding tissues, and an EMG (Electromyography), which tests the electrical... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Kentucky on
Q: I would like to know what kind of tests show steroid injection damage.

When I lived in Illinois I saw a pain management specialist in Illinois that gave me various Caudal Steroid Injection with a shot in the tailbone. When I moved to Kentucky I saw a different pain management specialist and I also got a Caudal Steroid Injection from that person. Since it was... View More

Tim Akpinar
Tim Akpinar
answered on Dec 11, 2023

Damage could show up on MRIs (and possibly other tests), but this is really a question for a medical professional, not an attorney. Your other question about med mal SOLs - yes, there are statutes of limitations. A Kentucky attorney should advise there, but you posted a week ago. If you're... View More

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1 Answer | Asked in Civil Rights for Kentucky on
Q: is it legal for a police department to keep a police report from me as a parent my daughter got shot an killed

there reason was KRS.61.878(1)(i) is it legal

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answered on Dec 5, 2023

In Kentucky, under KRS 61.878(1)(i), there are circumstances where a police report can be withheld from the public, including from family members. This provision allows for the nondisclosure of records if their release would harm an ongoing investigation or lead to the disclosure of details that... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Kentucky on
Q: is it legal for a police department to not give a police report to me as the parent ?KRS.61878(1)(i) my child died
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answered on Dec 5, 2023

Under Kentucky law, including KRS 61.878(1)(i), there are certain circumstances where a police department may withhold a police report, especially in cases involving an ongoing investigation or where the release of information could compromise the investigation. However, as the parent of a deceased... View More

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1 Answer | Asked in Divorce and Family Law for Kentucky on
Q: KY divorce. Judge entered Findings of Fact / property division on November 3. I want to appeal. By when do I need to fil

file the intent to appeal? By Dec 3? Or by 30 days after the final judgement order which will be in January? Looking for a lawyer currently.

Timothy Denison
Timothy Denison
answered on Dec 1, 2023

You have to appeal within thirty days of the date of entry of the order. If it was entered November 3, your notice of appeal would be due December3. December 3 is a Sunday, so by rule you would have until Monday, December 4, within which to file your notice.

1 Answer | Asked in Collections and Small Claims for Kentucky on
Q: I received a letter from the Kentucky Labor cabinet, stating that I owe $6,000 for overpayment of unemployment benefits,

it says I need to pay in full or minimum monthly payment of $250 by December 10th, or will put a lien on my social security number. my question is, How long does that process actually take for them to put a lien on my social security #? I don't want them to take my income taxes. I'm a... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 1, 2023

There's no real way to know how long this action would take, because we're talking about government. however, you should assume now that that your tax refund will be taken by the state. If nothing else, pay the first $250.00 because that might delay things a bit. Figure out an alternative... View More

2 Answers | Asked in Child Support, Family Law, Adoption and Child Custody for Kentucky on
Q: If a parent voluntarily signs away rights for their child to be adopted can their child support be forgiven

If the adoptive parent consents when the bio parent is a over $4000 behind

T. Augustus Claus
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answered on Nov 27, 2023

When a parent surrenders their parental rights, they are essentially giving up all of their rights and responsibilities to the child. This includes the right to have contact with the child, the right to make decisions about the child's upbringing, and the right to receive child support from... View More

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2 Answers | Asked in Criminal Law for Kentucky on
Q: What happens if there’s a 5 gram drug quantity weight discrepancy between LEO and the crime lab in Kentucky courts

Law enforcement weighed and took pics of drug evidence weighing 9 grams, but when the lab report came back it said there was 14 grams

T. Augustus Claus
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answered on Nov 22, 2023

If there is a discrepancy in the weight of drug evidence between law enforcement and the crime lab, it could have a significant impact on the outcome of a criminal case. In Kentucky, the weight of drug evidence is often used to determine the severity of the crime and the appropriate punishment. For... View More

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2 Answers | Asked in Estate Planning, Elder Law, Probate and Social Security for Kentucky on
Q: How do i navigate the death of my mother (was in process of writing a last will and test. but unable to finish)

Me, her daughter was POA in her living will but we hadnt been able to finish writing the last will and testament. I am to be the person to inherit her house and make sure it is available for her kids or grandkids to stay in if they should ever need a place We were talking about a dynasty trust or... View More

James L. Arrasmith
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answered on Nov 22, 2023

I'm sorry to hear about the loss of your mother. Navigating estate matters can be complex, especially in situations like yours where the last will and testament was not completed. As the person with power of attorney in her living will, you have a significant role, but it's important to... View More

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2 Answers | Asked in Civil Rights, Employment Law and Landlord - Tenant for Kentucky on
Q: I live and previously worked for hotel 8 months can they just fire me and call police and make me leave without eviction

I have worked as on site maintenance at woodspring suites hotel for 8 months , they refused to pay me any overtime, will not pay me for on call time , which I have been on call every other day from clock out till 8 am next morning and not allowed to leave the property during this time. I have now... View More

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, there are a few key legal issues to consider. Firstly, regarding your employment and unpaid overtime, you have rights under labor laws. Since you mention being on call and not being paid appropriately, you might have a claim for unpaid wages. It's important to document all... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: If I bought a farm with a private cemetery on it in Kentucky, do I have to allow more people to be buried in it?

A wife buried her grandchild and husband on her land and then sold it to me. Now she wants to bury more family there. Now that I own it, do I have to keep letting her bury people there?

James L. Arrasmith
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answered on Nov 20, 2023

In Kentucky, the ownership of land generally includes the right to decide how that land is used, including whether to allow additional burials in a private cemetery on the property. However, there are a few considerations to take into account.

First, review the property sale agreement and...
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1 Answer | Asked in Civil Rights and Criminal Law for Kentucky on
Q: question regarding false imprisonment or wrongful detention

in 2009 when i was 18 years old i was convicted of unlawful transaction with a minor and served a few years in prison. released in 2014 and on probation for 5 years following until released in 2019 from probation. still having to register as a sex offender. in july 2023 i was arrested by the local... View More

James L. Arrasmith
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answered on Nov 18, 2023

I understand your concern about being arrested twice for the same non-compliance issue with the sex offender registry. This situation appears to raise questions about false imprisonment or wrongful detention. It's essential to seek legal representation immediately to address this matter... View More

2 Answers | Asked in Criminal Law and Civil Rights for Kentucky on
Q: Is this right? double jeopardy? this could be a case....

i was arrested in nov 22 and it was ruled upon by ealier this year....after 5000 cash bond was picked up (2 days later) i was rearested w no new charges on indictment warrant for the felony possession but it had already been ruled on. now i have been infront of judge about 10x and still no... View More

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answered on Nov 18, 2023

In your situation, if you were re-arrested for the same charge that had already been ruled upon, it raises concerns about potential double jeopardy, which is prohibited under the Fifth Amendment of the U.S. Constitution. Double jeopardy means being tried twice for the same offense after a ruling... View More

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1 Answer | Asked in Consumer Law for Kentucky on
Q: Do I have to pay auto dealership service dept?

Hit a deer in my 2014 nissan maxima. My car cut off upon impact. Had car towed to a nissan dealership to have diagnostics ran on it. They said it needed new ECM, oilpan replaced due to hole bein in it, and needed frt brakes done. Cost was gonna be $3700.00. I told em to put new ECM on, and oilpan.... View More

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answered on Nov 17, 2023

In your situation, you are generally obligated to pay for the services and parts provided by the auto dealership's service department. This includes the new ECM and oil pan they installed, as per your agreement. However, since the car is still not running despite these repairs, it's... View More

1 Answer | Asked in Social Security for Kentucky on
Q: I live in KY. I have a lot of non secured debt, but now only have social security retirement to live on. Am I protected?

I don't want to file bankruptcy, and from what I've read, it seems they cannot collect the debt

because S.S. retirement is all I have to live on.

James L. Arrasmith
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answered on Nov 17, 2023

In Kentucky, Social Security retirement benefits are generally protected from most types of garnishment. Creditors typically cannot garnish these benefits for non-secured debt like credit card bills or personal loans.

However, there are exceptions for certain types of debts, such as...
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1 Answer | Asked in Animal / Dog Law for Kentucky on
Q: On a county road my neighbor hit my dog on an unlicensed dirt bike and wrecked.Am I responsible for his injuries ?
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answered on Nov 16, 2023

In this case, your neighbor was riding an unlicensed dirt bike on a county road, which is illegal. This means that he was trespassing on your property and was responsible for any injuries he caused.

However, there are some exceptions to this rule. For example, if you knew or should have...
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1 Answer | Asked in Personal Injury for Kentucky on
Q: I rent my house have been here three years. I fell in my driveway how much compensation can I get.
Tim Akpinar
Tim Akpinar
answered on Nov 14, 2023

A Kentucky attorney could advise best, but your question remains open for four weeks. There is no universal answer. It could depend on the seriousness of your injuries. I hope you're okay, but that is an element of determining money damages. It can also depend on how you fell, whether it was... View More

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My father had a life insurance policy that I saw copies of having paid out to g.parent guardians. They kept it.

I was listed as only beneficiary but was 6. I lost the copies of correspondences and of the name of insurance co. I dont believe they thought I d ever know about it. I m now 40 and they have kept it. How do I proceed?

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answered on Nov 13, 2023

To address the issue of a life insurance policy where you were the beneficiary but the funds were kept by your grandparents, you should start by gathering as much information as possible about the policy. If you don't remember the name of the insurance company, you might try to retrieve this... View More

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