Kentucky Law Blog

Contract breaches may lead to litigation

Contracts contain requirements for both parties, and it’s critical that they’re all met in accordance with the contract terms. When terms aren’t met by either party, a contract breach occurs. The circumstances surrounding the breach determine what type of breach happened and what resolutions are possible. This sometimes leads to significant problems for the wronged party. These are major issues if they result in losses for that party. It’s critical to review the contract to determine whether there are any requirements for how the breach is handled. Many contract breaches are resolved through...

read more

Loved ones don’t have to pay a decedent’s debts

The loss of a loved one is a traumatic event in a person’s life. The last thing that someone wants to deal with when they lose someone they love is debt collectors. In almost all cases, the estate executor is the one who should have to deal with this.  Just because the person died doesn’t mean that their debts go away. Instead, the estate will take care of them as long as it's solvent. If the estate runs out of money or assets, it’s insolvent. This means that the debts won’t be paid unless there’s another party that’s legally responsible for them.  Exceptions that may create personal...

read more

What, exactly, is probate?

Probate is the legal process by which a deceased person’s estate is administered and distributed. Meaning, that after you die, probate is the legal process that will allow your property to be handed out either in accordance with your wishes (if you have an estate plan in place) or in accordance with state law (if you don’t).  In Kentucky, as in other states, probate serves several important purposes: it works to ensure that debts and taxes are paid, verifies the validity of the deceased person’s will (if one exists) and oversees the transfer of assets to heirs or beneficiaries. While the...

read more

Can an outside party unfairly impact an estate plan?

Estate plans typically contain clear instructions provided by a testator. They often indicate who will inherit from the estate and what specific assets those people will receive. Estate plans can also leave money for charitable causes, disinherit estranged family members and include provisions for the support of a companion animal. Families usually respect that an estate plan represents the best intentions and deepest desires of the deceased individual. Occasionally, families have reason to question the terms of an estate plan. The testator may have made surprising adjustments after talking...

read more

Mistakes to avoid when launching a litigation appeal

Filing an appeal is not simply a second chance to argue a case. It is a highly structured legal process that focuses on whether legal errors affected the trial's outcome. Many litigants mistakenly assume that an appeal functions like a retrial, leading to critical missteps that weaken their case. Understanding the unique nature of appellate litigation is essential to avoiding costly errors. From missing deadlines to framing weak legal arguments, certain mistakes can reduce the chances of a successful appeal. Failing to meet deadlines Appellate courts have strict deadlines for filing appeals,...

read more

3 things a good executor will do

Being an executor can be a challenging task. While you can claim some compensation for it, you are not really going to be rewarded financially, so it is something you should be doing because you want to. Not because you feel obligated to. Here are some things that successful executors do to make sure that they properly fulfil their obligations: 1. Set time aside for the tasks Trying to fit your executor's duties around your regular schedule may be difficult or even impossible. You may need to carve out some dedicated time. This could mean asking someone to look after the children for a few...

read more

What is a no-contest clause?

During the probate process, beneficiaries and direct descendants may want to challenge the will. They need to have the proper legal standing to do so. Typically, this means they have something to lose or gain. Examples include direct family members like adult children or grandchildren, along with beneficiaries who were included in previous copies of the will or even creditors who believe they are still owed by the estate. However, the estate plan may contain a no-contest clause. How does this work, and what does it mean for a potential will challenge? Giving up an inheritance A no-contest...

read more

The most common grounds for contesting a will 

A will is a legal document that outlines the testator's final wishes. It must only outline their final wishes and not the wishes of anyone else. When the validity of a will is questionable, it can be contested. Here are some of the most common grounds for contesting a will in Kentucky.  Improper execution  Several steps must be followed for a will to be properly executed. For example, the will must be in writing. The testator and two other reliable witnesses must also sign the will.  If any of these signatures are missing, then the will can be challenged. This is also the case if signatures...

read more

Do you have to go to court for a boundary dispute?

Boundary disputes are one of those things that can quickly turn a friendly neighborhood into something else. Whether it’s a disagreement over a fence encroaching on your property or a longstanding issue about where property lines lie, these conflicts are far too common. If you’re embroiled in a boundary dispute with your neighbor, the first thought may be to take the matter to court and seek a definitive final ruling. However, going to court isn’t always necessary. You may have other options to resolve the matter before jumping into a courtroom. Talk it out first A cordial conversation with...

read more

What if your ex-spouse dies before modifying their estate plan?

When spouses divorce, they generally need to modify their estate plans if they have executed such documentation. For example, if someone has given their spouse power of attorney (POA) over their health care, as is common, they will likely want to choose someone else in the wake of a decision to divorce. Changes like this can be made before a divorce is final because there’s nothing that requires a person with that authority to be someone’s spouse. Other changes, like inheritances, should wait until a final divorce decree is issued and a couple is no longer legally married. That’s because...

read more