Kentucky Law Blog

When someone creates an estate plan, they’re outlining their wishes for what will happen when they pass away. They’re also dictating what they want to happen if they become incapacitated. Because of the seriousness of these matters, it’s critical that they fully understand the implications of their decisions.  The legal term for being able to understand and make these choices is “testamentary capacity,” which is a fancy term for being mentally competent. It’s critical that anyone who’s creating an estate plan understands this, but it’s also important for those dealing with a loved one’s...

Going to court to challenge a will isn’t something that’s possible for anyone to do. Instead, the person must have a legal interest in the will and have a valid reason to challenge the will. One of the reasons that may be present in a situation is undue influence.  Undue influence occurs when someone pressures or manipulates the person making the will, who is known as the testator, into changing their estate plans to benefit the influencer. This is often at the expense of rightful beneficiaries. What’s the difference between undue influence and persuasion? This influence must go beyond...

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...