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Kentucky Probate Questions & Answers
1 Answer | Asked in Probate for Kentucky on
Q: Is surviving spouse responsible for hospital bills in Kentucky?
Timothy Denison
Timothy Denison answered on Jan 5, 2022

No.

1 Answer | Asked in Probate for Kentucky on
Q: Is a will binding and legal after estate is closed through probate court?
Timothy Denison
Timothy Denison answered on Jan 4, 2022

Depends on what context you mean.

1 Answer | Asked in Estate Planning, Family Law and Probate for Kentucky on
Q: My brother in law is trying to get my husband to waive his rights pertaining to their deceased father in law's estate

Brother in law claims to have a will in which their father left him his house, but that it is not probated yet. He told my husband that if he does not waive his rights, then he (my husband) will be stuck paying his father's debts

Timothy Denison
Timothy Denison answered on Dec 10, 2021

Simply make the brother probate the will. In the interim, your husband should get a lawyer and not agree to waive or sign anything.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: I was moms POA in process of selling house when she passed. no will can I continue with the sale?
Timothy Denison
Timothy Denison answered on Dec 8, 2021

No. You will have to open probate and get appointed as the administrator before you can sell it.

2 Answers | Asked in Probate for Kentucky on
Q: father's estate was broken into an ATV and a few other things were stolen who needs to file the insurance claim
Timothy Denison
Timothy Denison answered on Nov 27, 2021

Executor it Executrix of fathers estate.

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1 Answer | Asked in Probate for Kentucky on
Q: Father was on 2nd marriage and never added her to the deed for the house. He passed, no will. What happens to the house?

I am the only child and he had no grandchildren. There’s actually more involved than the house. There’s a barn filled with farming equipment and tools. Land, Timbers and cattle. I was also told that she can’t remove any property from the house until the estate is settled and she has been.... Read more »

Timothy Denison
Timothy Denison answered on Nov 26, 2021

Step mom is statutorily entitled to 1/2 realty and 1/2 personal property, Will or no will.

1 Answer | Asked in Family Law and Probate for Kentucky on
Q: What are our rights?

My fiancé and father of my child (she's 8 and we were together roughly 9 yrs) suddenly passed. We weren't married and we were renting. His family came in our home and basically took over. They gave me access to our belongings but they have decided what gets sold and have made all... Read more »

Timothy Denison
Timothy Denison answered on Nov 17, 2021

Everything regarding the child is solely up to you. They have no right to dictate anything. As for his property, Funeral and arrangements, handling that should be up to them although your daughter will inherit all his property unless he had a will that says otherwise.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: I am going thru probate with my Dads estate. I have an aunt fighting me over it. Dads garage was broken into and there

Insurance check given. I gave it to her not knowing it has to go thru the estate. She also cleaned out dad's checking acct and won't pay back. The insurance check I gave her was cashed on a closed checking acct. and according to my bank, that's illegal but no one is doing anything... Read more »

Timothy Denison
Timothy Denison answered on Nov 15, 2021

You should hire your own attorney to review, evaluate and move forward on these issues.

1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Kentucky on
Q: Any way to challenge a deed transfer from 7 years ago.

Family farm was deeded to stepmother 7 years ago. Just finding out after my father’s death last month. So far no known will. Supposed will from 20+ years ago per fathers conversation with son. Significant isolation of father by stepmother. She had power of attorney. He had significant history... Read more »

Timothy Denison
Timothy Denison answered on Nov 5, 2021

You may be able to challenge it depending when you learned about the problem.

2 Answers | Asked in Criminal Law and Probate for Kentucky on
Q: Cops pulled me and my friend over because he didn't use a turning single but they were following us from five star

Cops pulled me and my friend over because he didn't use a turning single then follow me up to my apartment and searched but didn't have a warrant and they found 3 meth pipes and meth on a plate and took pictures but didn't arrest me was I charged? What will happen? They had no... Read more »

Leland Hulbert
Leland Hulbert answered on Sep 11, 2021

You need to hire and experienced criminal defense attorney to call the police. Narcotics detectives do this kind of thing all the time they try to shake people down to go after the bigger fish in the drug chain. If you allow them to search your apartment then they can search. If you told them they... Read more »

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1 Answer | Asked in Probate for Kentucky on
Q: My wife's grandmother passed leaving her truck to my wife. Can I go do the probate for my wife or is she required to

There is a will

Timothy Denison
Timothy Denison answered on Aug 10, 2021

Most likely the will has to be probated and the executor can then sign the truck over to your wife.

2 Answers | Asked in Criminal Law and Probate for Kentucky on
Q: How long does it typically take for a judge to consider a motion for shock probation?

I see a lot of info around the internet for how long they have to approve it, but I’m struggling to find how long the timeframe typically is between the day the motion is filed, to the time the judge approves or denies it. I see things discussing they have a maximum of 60 days to consider it and... Read more »

Leland Hulbert
Leland Hulbert answered on Aug 7, 2021

There are statutory limits as to how long Judge can take but if you’re looking for how long it typically take it takes it really depends on each judge. Shock probation lies in the sole discretion of the sentencing judge. I would say a general timeline is filing the motion having the court hear... Read more »

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1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Can an estate attorney and an executor put a house into probate without a deed. What if someone else holds the deed?

I have the deed to the house that my Dad lived in. Upon his death the executor of his estate barred me from my home and took most of the belongings, I just discovered that I am the rightful deed holder. What are my remedies?

Timothy Denison
Timothy Denison answered on Jul 2, 2021

One would need to see the deed and will to fully snd properly answer this question. However, you should hire a probate attorney to represent you and protect all your rights as an heir.

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Q: Will a epo violate my parole in ky? My ex filed epo on me. No physical abuse was involved and no charges were filed.
Timothy Denison
Timothy Denison answered on Jun 11, 2021

Most likely no, bc an epo is a civil proceeding.

1 Answer | Asked in Probate for Kentucky on
Q: In KY, if someone is named co-executor in a will but doesn't want to do it, what is the process for renunciation?

My brother and I were named as co-executors in my mother's will. We are in agreement that it'd be easier if I were the only executor. If he signs the waiver on AOC-805, will that be enough to renounce being the executor or does he have to file another form and/or notarized statement?

Timothy Denison
Timothy Denison answered on Jun 11, 2021

Simply sign an agreed order to that effect.

1 Answer | Asked in Probate for Kentucky on
Q: Can a child contest a wife's next of kin status if she hasn't spoken to the deceased person in 5+ years?

My brother's father recently passed away. He had 4 children, 3 biological & 1 adopted, my brother being the youngest. None of the children had spoken to him in years due to drug & alcohol abuse. When he passed away, his body sat for a week because only his sister & his youngest son... Read more »

Timothy Denison
Timothy Denison answered on Jun 8, 2021

If there was a will, it controls. If no will, distribution pursuant to the laws of the state for intestacy.

2 Answers | Asked in Real Estate Law and Probate for Kentucky on
Q: Signed a purchase contract, seller passed away, now what?

In the state of Kentucky, we signed a purchase contract for a piece of real estate and was set to close at the middle of June. The owner unexpectedly passed and we are unsure of his will, estate, or heir information. Is the purchase contract legally binding and are we still legally able to purchase... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 2, 2021

If the contract was enforceable against the decedent, then it is enforceable against his estate. You will need a probate attorney to help you work through this. The decedent’s estate will need a probate attorney, too. Things will progress much better and smoother if all parties have legal... Read more »

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