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Kentucky Probate Questions & Answers
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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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?

James L. Arrasmith
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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

2 Answers | Asked in Probate and Estate Planning for Kentucky on
Q: In Kentucky, will a house typically be sold to pay off debts?

My dad is a veteran who lived in KY with my adult brother and his autistic son. His house is in his name. He has almost no assets ( 14 year old car and paid off double wide trailer). He has a will and left trailer to myself and brother with contingency that my brother can continue living there.... View More

Anthony M. Avery
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answered on Jan 3, 2023

Probate is probably a bad option with little assets and debt out there. You can check the Courts in the Father's County to see if there are any money judgements out there against him which might also be a lien. Consult a KY attorney for advice about the trailer title. Remember someone has... View More

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1 Answer | Asked in Probate, Estate Planning and Landlord - Tenant for Kentucky on
Q: My mom died 2 yes agoand I lived with her took care of her till she passed and still living in the home my child hood

Home that's been in my family for over 30 years and I signed a waiver for probate hearing to appoint my brother as administrator of estate cause my mom dies without a will but my brother and my mom both was homeowners on the land house deed anyways my brother told me I could live here till I... View More

Timothy Denison
Timothy Denison
answered on Jan 1, 2023

Yes. Your brother can sell it and the new owner can have you removed. With no will, mothers estate will be divided among her children so you will have to either buy out their shares or sell your share and receive the money.

1 Answer | Asked in Probate for Kentucky on
Q: What do I need to expect when I go to attorneys office to receive my inheritance check?

What paperwork will they want me to sign? And can they refuse me my money if I choose not to sign anything other than a receipt for my money? If they refuse what steps do I need to take next?

Timothy Denison
Timothy Denison
answered on Nov 21, 2022

You shouldn’t have to sign anything other than a receipt that you have received the funds. If you don’t receive the funds, you will have to make a motion to hold the disbursing agent in contempt.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My husband passed away 10 years ago I never went to probate court but now I need to to be able to transfer a old motorcy

Probate said I need to get all his biological children over 18 to sign off on it but his 3 older ones won't saying they would be signing their rights away to my house. But deed states that if either of us dies first house goes to surviving spouse. Do they have right to my house in my passing... View More

Timothy Denison
Timothy Denison
answered on Nov 13, 2022

They have no right to you house as it passed to you pursuant to the deed. Ask if you can do a dispense with administration. If not, you will have to file to open probate and get appointed administratrix in order to sell the bike. In any event, his adult children probably get nothing.

1 Answer | Asked in Probate for Kentucky on
Q: I am an heir to an estate. How can I find out if this case was changed from an informal probate case to a formal?

I have not received any documents saying it was. The only thing I know is a formal accounting was filed. Does that mean it’s formal?

Timothy Denison
Timothy Denison
answered on Nov 8, 2022

There is no formal probate or informal probate. Those terms apply to the final settlement only. Go to your district court clerks office and ask for a copy of the settlement. Informal basically means that everyone waived a formal account and formal means they didn’t so all supporting... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Selling deceased mom's house. 4 siblings are going to divide what we get out of it. Do we have to pay taxes on it. In Ky

4 siblings, oldest has control over estate.

Timothy Denison
Timothy Denison
answered on Oct 27, 2022

Depends on the value of the house but most likely the answer is no tax due.

2 Answers | Asked in Probate and Estate Planning for Kentucky on
Q: My mother passed away 3 yrs.ago.She had mirror wills with my stepfather. My stepfather now wants to change his will.

Is it legal to chane the wills now,after her death?

Thank you in advance for your response

Anthony M. Avery
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answered on Oct 24, 2022

He can always execute a new Will, but disappointed legatees/devisees might contest the Will when Probated. The argument is a mutual will under contract, but it is hard to prove and win on. It can also be hard to effectively revoke the existing document, if he does not have possession of it.

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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.

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