Probate is the legal process by which a deceased person’s estate is administered and distributed. Meaning, that after you die, probate is the legal process that will allow your property to be handed out either in accordance with your wishes (if you have an estate plan...
Probate
3 things a good executor will do
Being an executor can be a challenging task. While you can claim some compensation for it, you are not really going to be rewarded financially, so it is something you should be doing because you want to. Not because you feel obligated to. Here are some things that...
What is a no-contest clause?
During the probate process, beneficiaries and direct descendants may want to challenge the will. They need to have the proper legal standing to do so. Typically, this means they have something to lose or gain. Examples include direct family members like adult children...
The most common grounds for contesting a will
A will is a legal document that outlines the testator's final wishes. It must only outline their final wishes and not the wishes of anyone else. When the validity of a will is questionable, it can be contested. Here are some of the most common grounds for contesting a...
What if your ex-spouse dies before modifying their estate plan?
When spouses divorce, they generally need to modify their estate plans if they have executed such documentation. For example, if someone has given their spouse power of attorney (POA) over their health care, as is common, they will likely want to choose someone else...
Can creditors make claims to an estate?
Financial debts can be a significant burden during a person’s life, affecting their peace of mind and financial stability. Whether it’s credit card debt, medical bills or loans, these obligations can cause stress and limit one's ability to enjoy financial freedom....
Why some families face probate disputes
Not only are probate disputes emotionally draining, but they can be expensive for families. Understanding the most common causes of probate disputes can help to avoid disagreements and more effectively plan estates. Here are some important factors to keep in mind:...
Did an outside party influence a loved one’s will?
Families are typically grateful when loved ones have the foresight to establish an estate plan. Wills make it clear how an individual wants their personal representative to distribute their property after their passing. The instructions provided in a will can prevent...
How do you know if your loved one’s estate is insolvent?
When you're dealing with the loss of a loved one, handling their estate can feel overwhelming, especially if you discover their debts might outweigh their assets. This situation, known as an insolvent estate, can add extra stress to an already difficult time....
Was an older relative competent when they drafted their will?
People can contest or challenge wills in several specific scenarios. Kentucky law allows for will contests if an outside party exerts undue influence on the testator. People can contest a will by alleging it is inaccurate or that it violates the law. There can also...