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Kentucky Law Blog

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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Clear estate planning can avoid sibling rivalries

On Behalf of | Feb 27, 2023 | ,

Everyone grieves in their own way. Rather than seek comfort from siblings, one daughter may withdraw from family interaction, or another may pick fights. Sometimes, sons will have tense relationships even when both parents are alive. Even with positive family chemistry, things can change when a parent dies. Parents can minimize the stress and strain during a difficult time by drafting a clear estate plan. Talk about the plan Many families do not talk about money, but this can be a mistake regarding estate planning. Parents can reduce conflicts by discussing important details like their...

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You can appeal your divorce litigation

On Behalf of | Feb 14, 2023 | ,

Unfortunately, some who litigate their divorce in court believe the judge did not get it right. It may be that the judge's ruling did not consider all the case's pertinent facts, or they may have made legal errors while considering the matter. Fortunately, the appellant has the right to appeal the trial court's decision as long as they do it within 30 days of the ruling. How it works The Court of Appeals reviews the case, focusing on whether there was a legal error in the judge’s handling of the trial or even a harmful error that impacted the verdict. The Appeals Court can then overturn the...

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Tips for avoiding fiduciary duty claims as an executor

On Behalf of | Feb 13, 2023 | , ,

Executors perform any number of essential duties in handling an estate. Unfortunately, beneficiaries may disagree with how you do it or even decisions made by the decedent. While you did your utmost to perform all your fiduciary duties during the probate process, they may claim that you breached them. 4 tips for defending yourself Even with the best intentions, it is wise for executors to take these steps as they perform their duties: Document everything: Managing documents is an integral part of the job, but keeping records in good working order is essential. Have your answers backed up...

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Essential details for grandparents who adopt

On Behalf of | Feb 6, 2023 |

Grandparent adoption is one of the most common forms of adoption in the United States. Grandparents embark upon it with the best intentions, but it can only occur if there is no hope that the birth parents will be able to supply a safe and stable home for the child. Often, the adoption legalizes a situation where the grandparents are already deeply involved in the lives of the children. Getting a court order Before a court order for adoption is issued, the grandparent must provide proof of the following: The birth parents willingly, knowingly and voluntarily terminate their parental rights....

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An overview of civil litigation

On Behalf of | Jan 31, 2023 |

There are many different areas of law, but these are divided between criminal and civil cases. Criminal cases involve breaking the law with a prosecutor and a defendant. There are penalties that include jail, probation, fines or a criminal record. Civil litigation involves disputes between two parties, the plaintiff and the defendant, and the outcome involves a financial settlement or specific performance. Either type consists of a decision by a judge and possibly a jury. Common examples of civil litigation Civil litigation is quite varied, encompassing a wide range of disputes: Divorce: A...

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How to pick the right executor or executrix

On Behalf of | Jan 18, 2023 | ,

One of the most critical decisions when drafting a will and estate plan is picking the estate administrator, also known as the executor or executrix. This role oversees the probate process and administers the decedent's estate, ensuring their wishes are carried out and beneficiaries and heirs receive the promised bequests. They also close the estate, collect all debts owed and pay taxes and any outstanding bills. How do you know you made the right choice estate administrator? Knowing who makes a good one can make the decision easier. Understanding the role of trustee The trustee has a legal...

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The adoption process for LGBTQ parents in Kentucky

On Behalf of | Jan 5, 2023 |

No state regulations explicitly prohibit single LGBTQ individuals from petitioning to adopt. Nonetheless, the adoption process for lesbian, gay, bisexual and transgender parents differs. There are always hurdles (some expected and others unexpected) during an adoption, but there will be specific issues that arise for couples who are not opposite sex. Keeping this in mind can help prepare potential parents better prepare for the process. It should be some consolation that there are approximately 3 million lesbian, gay, bisexual, transgender, or queer (LGBTQ) Americans who have had a child....

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Typical questions asked when weighing an appeal

On Behalf of | Jan 5, 2023 |

Appellate Courts handle cases differently than the proceedings in a lower court. We have outlined the process in another helpful blog, but there are some other questions people often ask when they contemplate filing an appeal. Typical questions we hear include: Do we retry the case in Appeals Court? Appeals are not retrials. Instead, three judges review the existing trial records and evidence. Both sides should also file briefs about why the lower court's decision is incorrect or correct. What are some common reasons for appealing a decision? There are many reasons to appeal a lower court...

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