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Kentucky Law Blog

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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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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