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Kentucky Probate Questions & Answers
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... Read 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... Read more »

Nina Whitehurst
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Nina Whitehurst
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... Read 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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Anthony M. Avery
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... Read 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... Read 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... Read 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.

1 Answer | Asked in Civil Rights, Patents (Intellectual Property) and Probate for Kentucky on
Q: Does the adultry and abandonment law barring one from the property refer to property acquired by both parties?

My parents have 400 acres. My mother left my father, but never divorced him. She has been with multiple other men over the last 7-8 years. My dad passed away last August and she's getting the entire profit off the house, plus the land.. she's getting 800,000 while me and my sister are... Read more »

Timothy Denison
Timothy Denison
answered on May 3, 2022

No. It does not apply.

1 Answer | Asked in Probate for Kentucky on
Q: My father willed myself and my 4 siblings his 40 acre property. On that property is a mobile home, can it be sold?

Is the mobile home considered personal property? If so, can it be sold?

Timothy Denison
Timothy Denison
answered on Apr 28, 2022

Yes to both questions.

1 Answer | Asked in Juvenile Law and Probate for Kentucky on
Q: My fiancé died without a will. He had bought a house and we have been making payments. We also have a 11 yr old daughte

We were not married. So how can I purchase the house. We live in ky.

Timothy Denison
Timothy Denison
answered on Apr 28, 2022

You’ll need to open probate, get yourself appointed as administratrix and then you will have authority to buy, sell, make transfers, etc.

1 Answer | Asked in Real Estate Law and Probate for Kentucky on
Q: Can I deed a piece of property to my brother immediately after my wife's death if she did not have a will?

My wife and I had a piece of property in both of our names. If she died without a will, can I immediately deed it to someone or does it have to go through probate. If it didn't go through probate, will the deed be legal if I did it anyway?

Timothy Denison
Timothy Denison
answered on Apr 28, 2022

You really need to speak with a probate attorney before you transfer anything. If the deed was held as joint tenants with right of survivorship, you probably can but you need to make sure there are no adverse ramifications if you do.

1 Answer | Asked in Employment Law, Medical Malpractice and Probate for Kentucky on
Q: Limited probation of nursing license

I am on limited probation in KY as an LPN. In my agreed order it mentions if I can’t meet the agreement terms I could put in writing that I wanted to surrender my license and it would only be for a period of 2 years then I could try to get them back. Is there a possibility that they wouldn’t... Read more »

Timothy Denison
Timothy Denison
answered on Apr 11, 2022

There is a real possibility that they might not let you back in. You should consult an attorney immediately before you do anything. In any event, I would not recommend surrendering your license.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: I’ve been granted Administratrix of my mother’s estate. What do I do about her townhome?

I was granted administratrix of my mother’s estate this past September. She didn’t own a home but she lived in a townhome that is a co-op (she partially owned it) so she paid a certain amount down to move in & if she decided to sell it back to the complex, they’d give her her money back.... Read more »

Timothy Denison
Timothy Denison
answered on Mar 24, 2022

If all heirs agree, you can simply sign it over to him.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Does leaving your spouse a house in a Will also include all the acres (farm) attached to the house, it's all on one deed
Timothy Denison
Timothy Denison
answered on Mar 15, 2022

One would have to see the deed to properly answer this question.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: My mother died without a will. I was named Administrator for her estate in January. We have an offer on her house.

Do I need to go to court to get permission to sell? Do I have to wait a certain time frame to sell?

Timothy Denison
Timothy Denison
answered on Mar 7, 2022

Yes. You must get permission from the court to sell the property. The court will set the time for all sale actions.

1 Answer | Asked in Probate for Kentucky on
Q: What does my mother need to do,does she need to go through probate?

My brother passed away suddenly with no will he was living in a home that my mother owned her name is the only name on the deed,but mortage is in his name only she was never added to the mortage.The mortage company is saying she has to go through probate before they can give her any information or... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Feb 22, 2022

It is curious that the lender will not deal with the owner of the property, which leads me to suspect that your mother may not actually be the owner. First, you need to hire a real estate attorney or title company to research the ownership and verify who is actually in title. If she is the owner,... Read more »

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