Kentucky Law Blog

What are the most common reasons families contest a will?

The Kentucky probate courts often help interpret the law and enforce estate planning documents. However, sometimes the probate courts have to do the exact opposite. They may need to set aside or invalidate estate planning paperwork because of issues with the documents. Family members of someone who recently died and beneficiaries included in an estate plan may have reason to question the documents that someone drafted. In some scenarios, the probate courts might agree with the assertion that a will or other testamentary document is invalid and, therefore, unenforceable. Will contests are...

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Navigating the probate process for personal items

Probate is a legal process that happens after someone dies. It involves distributing the deceased person's assets to their heirs and paying off any debts. Understanding what happens to personal items during probate in Kentucky is important to help ensure the process goes smoothly and efficiently. Understanding probate Probate begins when the court validates the deceased person's will, if there is one. If there is no will, the court follows state laws to determine how to distribute the assets. Personal items, such as jewelry, furniture and clothing, are part of the estate and can go through...

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The use of technology in presenting civil litigation cases

Technology is necessary for presenting civil litigation cases in the modern era. Its integration has transformed how proceedings unfold, offering advantages and challenges. As technology evolves, its influence on civil cases will expand, shaping the future of legal practice and dispute resolution. Courtroom presentations Technology enables you to create compelling courtroom presentations that enhance your arguments. Multimedia tools such as slideshows, videos and interactive exhibits simplify complex legal concepts, allowing them to resonate with judges and jurors. Evidence management Gone...

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Does Kentucky allow transfer on death deeds?

The state of Kentucky does not recognize the transfer-on-death deed, also known as a beneficiary deed. Therefore, property owners in Kentucky do not have the option to use TOD deeds to transfer their property to designated beneficiaries upon their death. Unless people make other arrangements, their Kentucky property will go through probate when they die. Why Kentucky does not allow TOD deeds While TOD deeds can be a simpler alternative to probate in some states, Kentucky's legal framework instead prioritizes the reliability and integrity of property transfers over their ease of transfer....

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Appealing a preliminary injunction

A preliminary injunction is a legal order that requires a party to do or refrain from doing something while a legal case is ongoing. The purpose is to preserve the status quo and the legal rights of both parties until the court reaches a final decision. Even though preliminary injunctions are temporary, defendants may still appeal them in the Kentucky Court of Appeals. Tests for issuing a preliminary injunction To obtain a preliminary injunction in Kentucky, the party seeking it must demonstrate the following two key factors: Violation of rights: The defendant is behaving in a way that...

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How taxes can impact estate administration in Kentucky

Estate administration broadly involves navigating probate proceedings and fulfilling someone's last wishes. The personal representative of a Kentucky estate must also fulfill someone's remaining obligations that they could not meet before dying. For example, estates typically assume responsibility for the debts of those who die. The assets in the estate typically need to go towards paying someone's obligations before the personal representative begins distributing resources to someone's chosen beneficiaries. Debts are only one of several obligations that can diminish the value of an estate....

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Personal injury litigation in Kentucky

Personal injury litigation involves legal disputes that arise when one person suffers harm from an injury or accident, and someone else might be legally responsible for that harm. In Kentucky, proceeding with personal injury litigation requires an understanding of several key stages and principles. Understanding personal injury litigation Personal injury litigation allows injured parties to seek compensation for their losses, which can include medical expenses, lost wages and pain and suffering. The process begins when the injured person, known as the plaintiff, files a complaint against the...

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Estate planning for blended families

Blended families bring together various individuals under one roof, creating a unique dynamic that requires careful consideration when planning for the future. Estate planning helps ensure fairness and prevent conflicts after one passes away. Knowing the key aspects of estate planning for blended families can help you work through this complex process. Understanding blended family dynamics Blended families often include children from previous relationships, step-children and sometimes, new children from the current relationship. Each member might have different expectations and needs, making...

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Understanding the role of depositions in civil litigation

Depositions are meetings where witnesses provide sworn testimony outside of the courtroom. They play an important role in civil litigation. These sessions allow parties to gather information and build their case. Anyone involved in civil litigation should understand the purpose and process of depositions. Process During a deposition, both the defense and prosecution ask the witness questions. These questions aim to uncover facts relevant to the case. The witness must answer truthfully as if they were in a courtroom. Either side can use this recorded testimony as evidence during the trial....

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How to navigate probate as an executor

Probate is a daunting process, especially for those who serve as executors of an estate. If your loved one chose you as executor, you may find that the process requires extensive planning and organization. To fulfill your duties, you need to have a clear understanding of the process. File the petition for probate One of your first duties as executor is filing the probate petition. While your loved one names you executor, the court officially appoints you and grants authority to administer the estate. To file the petition, you will need information about the decedent, the will and your...

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