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Kentucky Law Blog

Creditors’ claims are often a part of probate

On Behalf of | May 22, 2023 |

The probate process settles the decedent's affairs. For families and beneficiaries, this means dividing up assets like money, belongings, investments, and other things of value. Some are surprised that it also involves paying off any outstanding bills owed to creditors. While up to $30,000 will be exempt from creditor claims and pass to spouses or children, creditors can open the estate to collect money owed. It can happen even if no one is handling the administration. The priority goes toward paying creditors The estate must pay all outstanding bills. While the personal representative...

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Businesses often face the risk of contract disputes

On Behalf of | May 16, 2023 |

No matter how well an owner runs a business and how much due diligence they exercise, contract disputes will occasionally occur. It may involve a customer, a vendor, an employee or a partner. They may accuse the owner or business of breach of contract and even file a lawsuit. Not all lawsuits end up with a judge's ruling, nor does filing the lawsuit justify the plaintiff's claim. Still, a business or owner must defend their professional and legal interests when accused of a breach. Two types of breaches Contracts cover many types of business agreements, but there are two common legal...

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Consent is a key issue in adopting

On Behalf of | May 8, 2023 |

Parental consent is a crucial hurdle for parents wishing to adopt. It refers to the agreement between the adoptive and biological parents, agency or person acting in place of the parent. Giving consent means relinquishing a child for adoption and release. The requirements of consent There are rules regarding consent: It cannot happen before 72 hours after childbirth. It must be given by both biological parents if married and the mother and father out of wedlock (if his paternity is legally acknowledged). If the parent is a minor, they can consent, but a guardian is appointed. Consent must...

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Not happy with how probate was handled?

On Behalf of | Apr 25, 2023 | , , ,

Executors typically try to honor the wishes of the decedent. The job involves closing the estate and distributing assets to beneficiaries and heirs. Still, someone may dispute or appeal the plan or a judge’s ruling concerning the will and estate plan. Common grounds exist for a party to dispute the will in probate court. They then may believe that the probate court did not correctly handle the case. Grounds for an appeal The details of each case are unique, but generally, valid grounds for contesting a will involve one of the following: Elder financial abuse: Preying on the old or mentally...

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Those without children still need estate plans

On Behalf of | Apr 17, 2023 |

It is a common presumption that people draft wills so they can pass significant assets along to their children. Still, an estate plan can also be quite valuable for those who do not have children or perhaps never married. Whereas many consider children and descendants their legacy, those who draft wills can create meaningful legacies that enable your memory to live on. There are other worthwhile beneficiaries It may be well and good to give money to siblings, parents, nieces and nephews, but charitable giving can continue to support causes and things that are important to you. This gift...

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How the probate process works in Kentucky

On Behalf of | Apr 13, 2023 | ,

Kentucky allows the estate to go through probate up to ten years after the decedent dies. As with many complicated legal processes, there will likely be delays and setbacks along the way, so it is best not to wait until the final days to complete it in probate court. The process involves proving the will is valid and executing it while addressing all debts, affairs and assets. To better understand the steps, we’ve provided a brief overview. There are four main steps Once the executor (often with the help of a representative) establishes the proper jurisdiction for probate, the general...

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Do children have a say if their stepparent wants to adopt them?

On Behalf of | Apr 11, 2023 |

Stepparent adoption is one of the most common types of adoption here in Kentucky. There are many excellent reasons stepparents wish to adopt a stepchild. These include strengthening family ties, creating a more stable family unit or formalizing an existing arrangement. Still, that does not mean that it is always quick and easy. Children should and do have a say The Uniform Adoption Act of 1994 requires consent from children ages 12 to 18. Still, it is generally best for families not to coerce or force a child of any age into an adoption they do not want. The harm can be long-term, and...

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Litigation may be the best option for your contract breach

On Behalf of | Mar 27, 2023 | ,

Contracts are the foundation of doing business with clients, customers and other companies. These agreements involve costs, deliverables, deadlines, and what happens when the contract’s conditions are not met. Using valid contracts means that a business can make promises to others knowing that they have a contract that guarantees necessary material, which they can turn around and provide deliverables to customers. It is all interconnected, so one breach of contract where a shipment is late can, in turn, lead to multiple breaches of promises made based on that missed deadline. What it means...

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How estates with no will are divided in Kentucky

On Behalf of | Mar 13, 2023 |

Those who die without a valid will (this is known as intestate) in Kentucky do not automatically have all assets transferred to the surviving spouse. Unlike most other states, Kentucky has a “dower and curtesy” (DAC) approach to inheritance. Under the DAC inheritance structure, the surviving spouse gets the dower share of the estate but not the whole estate. The dower share amount is based on the estate's size and if there are children or grandchildren from the marriage. If there are no descendants, the order for beneficiaries is the decedent's parents, then siblings, and then nieces and...

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Some common challenges that adoptive families face

On Behalf of | Mar 8, 2023 |

One of the happiest days in an adoptive parent's life is bringing the new family member home. It is common for adoption agencies, family counselors and others in support roles to prepare parents and other family members. Parents may have listened carefully to experts while going through the process, but life has a way of throwing parents curveballs, particularly when it comes to kids. Below are some issues that we see crop up Understanding these issues and what causes them can help parents before, during and after the adoption is final: Separation from family: Regardless of the cause for the...

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