Probate is the legal process that is used to transfer title of assets from the decedent (person who passed away) to his or her devisees (recipients named in the will) or heirs (recipients named by law). Probate can be informal or formal, depending on the situation...
Estate Planning
What are the grounds for challenging the validity of a will?
Writing a will is a significant step in helping to ensure one's assets are distributed according to their wishes after death. However, there are situations when the validity of a will may be questioned, leading to disputes and legal battles among the interested...
When does the role of an executor begin?
Being appointed an executor of an estate can be a significant responsibility. When the testator dies, you will manage their estate and distribute it to heirs. But when will you assume your duties? Here is what you should know: Immediately after the testator dies Most...
Not happy with how probate was handled?
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...
Those without children still need estate plans
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...
How the probate process works in Kentucky
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....
How estates with no will are divided in Kentucky
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...
Clear estate planning can avoid sibling rivalries
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...
Tips for avoiding fiduciary duty claims as an executor
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...
How to pick the right executor or executrix
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...