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Kentucky Probate Questions & Answers
1 Answer | Asked in Probate for Kentucky on
Q: Is it possible to voluntarily revoke your parole in KY?

I am on Parole, and have a good feeling my officer is going to try to revoke me. My maximum expiration date was almost a year ago, and restitution is the only thing that's keeping me on parole, (which should be paid off in two weeks max). Ive been told that even if the parole board revokes me,... Read more »

Timothy Denison
Timothy Denison answered on Sep 2, 2020

Too many ifs in your scenario to take a chance. Get that restitution paid and get cut loose once and for all.

1 Answer | Asked in Criminal Law, Probate and Estate Planning for Kentucky on
Q: Can my mom's power of attorney press charges on me for purchases I made while I was in charge of her account?

My dad died and he left me his wallet and asked me to take care of bills and house before he went to hospital. When he died their will said my sister was power of attorney so I gave her all the things to pay bills and stuff. She says I spent money wrong and wants to press charges on me for it.

Timothy Denison
Timothy Denison answered on Sep 1, 2020

Doubtful it was a crime but it can be hashed out in probate court and corrected.

1 Answer | Asked in Contracts and Probate for Kentucky on
Q: KY seller didnt disclose house was in probate & I unknowingly agreed to extend contract. Can I get out of ext?
Timothy Denison
Timothy Denison answered on Aug 6, 2020

Probably, yes. Fraud in the inducement is sufficient for you to terminate extension.

1 Answer | Asked in Probate for Kentucky on
Q: Survivorship on deed, step mom just passed, dad been dead 15yrs; deed still has Dad on it. No Will. Am i involved still?
Timothy Denison
Timothy Denison answered on Jul 17, 2020

Your recitation is unclear. Who is on the deed.

2 Answers | Asked in Probate for Kentucky on
Q: Step-children after spouses death

My mother’s husband passed without a will. All his assets were bought jointly after the marriage. My Mother’s name is jointly on all the titles. The only thing just in his name was his bank account and one son stole his bank card and emptied it. She had told the step-children she would give... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 2, 2020

They can't take your "Mother's property" but they sure can try, and if you do nothing, they might succeed in hoodwinking the judge. Happens all of the time. You need a lawyer to prevent that from happening.

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1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: If one dies without a will by state intestacy laws. How is the heirs assets of the estate distributed if the descendant

Still owed on the estate? Is it based off the value of the estate or the equity?

Timothy Denison
Timothy Denison answered on Jun 30, 2020

All debts and just claims are paid first. What is left over, if anything, is divided among the heirs pursuant to statute.

2 Answers | Asked in Probate for Kentucky on
Q: When my uncle passed away, a friend of his applied for administrator. I am his next of kin.

He was divorced, no kids, my grandparents and mother (his only sibling) have all passed. The administrator filed that there was no will at the time of death, and also told me there was not one. He has now filed a handwritten "will" that states my uncle signed all property, homes etc to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 30, 2020

As a general rule, when there is a conflict between a deed and a will, the terms of the deed prevail. So, for example, if the deed was a joint tenancy deed with right of survivorship, and you are the last surviving owner, then you now own that property in your sole name, and it does not matter what... Read more »

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1 Answer | Asked in Probate and Estate Planning for Kentucky on
Q: Hi. My husband’s father passed away a few years ago. His estate is going to probate court. He owes over $16K in child...

Support to him and his sister. Since this is a debt that will be paid off during the probate process and all.. will his children receive the money he owes for child support beings they are over 18? Needed answer for state of Kentucky. Thank you!

Timothy Denison
Timothy Denison answered on Jun 28, 2020

Yes, but your husband and his sister need to file proofs of claim in the probate case ASAP to ensure they get their Money.

1 Answer | Asked in Probate for Kentucky on
Q: When Dispensing with Administration for a will, does the decedent's farm with home count towards personal property?
Timothy Denison
Timothy Denison answered on Jun 8, 2020

No. If it is real property in the decedents name, you cannot dispense with administration.

1 Answer | Asked in Probate for Kentucky on
Q: if if a lady died but received income tax return before she died how does tax preparer handle money
Timothy Denison
Timothy Denison answered on Jun 3, 2020

It belongs to the estate. Tax preparer should claim it as income and file a final tax return

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My dad gave me something that is not included in the will but many people know his last wishes.

I put my life on hold the last four years to take care of my dad and I do it again. The last appointment I took my dad to the doctor told him he was dying and had few days left. My dad on the way home told me to take his truck that he wanted me to have it and also he wanted me to have the house... Read more »

Timothy Denison
Timothy Denison answered on Jun 1, 2020

If the will says divide equally, it will have to be divided equally. If your dad didn’t change the will to include those specific bequests, there is nothing you can do.

1 Answer | Asked in Probate for Kentucky on
Q: Is it customary for law offices to send letters requesting information about probate? I recieved a letter about probate

and I haven't file for probate. My husband pass in February. Thank you I live in Missouri.

Timothy Denison
Timothy Denison answered on May 15, 2020

It is not unusual. It may have been a solicitation for representation.

1 Answer | Asked in Probate for Kentucky on
Q: Mom died 4 years ago. On her will, I am left her car. Step -dad sells car six months later. Options ?

Is it to late to request compensation ?

I was so upset over the loss, couldn't deal with it

Timothy Denison
Timothy Denison answered on Apr 23, 2020

Open probate. Probate will. Let stepdad explain to the court. You may still receive compensation.

2 Answers | Asked in Criminal Law and Probate for Kentucky on
Q: If on supervised probation for misdemeanor can I be released early? Can po make you report during COVID-19 crisis?

I have been on supervised probation for 21 months now (3 mos. left) for a misdemeanor crime. No criminal history before this.

Matt Schalk
Matt Schalk answered on Apr 21, 2020

Yes and yes.

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1 Answer | Asked in Probate for Kentucky on
Q: My dad passed away, he had a will. Everything to get split 50/50 between my brother and myself. Estate is in probate.

His house still has a mortgage on it. Can the house just be transferred over to my brother and myself? We don't know what or how to go about keeping our dads house.

Timothy Denison
Timothy Denison answered on Mar 31, 2020

The house will need to be refinanced, paid off or sold by you and your brother if you want to keep it jointly. There are a number of variables that go into it,

1 Answer | Asked in Probate for Kentucky on
Q: My husband had a will with his 1st wife , she has passed ,everthing he owns will go to his step kids ,he doesnt have bio

Kids . How is this fair to 2nd wife of 10 years we live in kentucky

Timothy Denison
Timothy Denison answered on Mar 11, 2020

That can all be averted if your husband makes a new will. If he does not, you’re entitled to 1/2 of all his property owned at his death under the laws of intestacy.

1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: Mom and step dad was married for 25 years they made a will leaving me everything ,mom passed away step dad has remarried

Does this affect the will they made at all

Timothy Denison
Timothy Denison answered on Mar 9, 2020

Depends on the language of the will. One would have to actually see the terms of the will to properly answer your question.

1 Answer | Asked in Probate for Kentucky on
Q: My uncle died a short time ago. His will stated everything goes to my father and his othe brother. If one predeceases

him it goes to that brother's children, per stirpes.

Timothy Denison
Timothy Denison answered on Feb 22, 2020

Your father did not predecessor your uncle. Your mother gets half and the children get the other half.

1 Answer | Asked in Family Law and Probate for Kentucky on
Q: mother died she had a will leaving everything to her children...my step siblings decide that wasn't fair and

renounced will for my stepdad who has dementia..now they want money from me and my siblings that we don't have

i should say that my mother and stepdad both had their own money and property before marriage. i understand he gets all stuff that was in both names, but why should he get... Read more »

Timothy Denison
Timothy Denison answered on Jan 16, 2020

He has that right under the Kentucky statutes because they were still married. Unfortunate and inequitable.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Kentucky on
Q: Can I take my dead fathers land from two people that I found out wasn’t biologically his kids?

When he died a percentage of his land went to me, my half brother & my 2 siblings. I found out recently that the 2 other siblings aren’t biologically his. My dad and mom were married but my mom cheated on my dad multiple times. He wasn’t aware the kids weren’t his. He died suddenly, so no... Read more »

Timothy Denison
Timothy Denison answered on Dec 29, 2019

You’d have to file a will contest action against them. Could be expensive with no guaranteed measure of success.

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