Kentucky Law Blog

There are only a handful of specific scenarios in which the probate courts set aside wills. People generally have the right to decide what happens to their property after they die, and the courts uphold the documents they draft in most cases. However, when families have proof of unusual and problematic circumstances, the courts may set aside legally-compromised documents. A claim of undue influence is essentially an assertion that someone other than the testator had a degree of control over the terms set in the will. Only certain people are in a position to exert undue influence over a will....

To legally write an estate plan, someone has to have testamentary capacity. They are of sound mind, they understand the decisions they are making and there is nothing that could negatively impact their estate plan. Generally speaking, most adults have testamentary capacity to write an estate plan at any given time. But there are certain things that can change this, especially as individuals grow older. One could be a diagnosis of Alzheimer’s disease, a condition that can lead to many different mental health challenges in the elderly. Why would that call an estate plan into question? The...

A significant part of the probate process is spent addressing major assets. This can include investment portfolios, bank accounts, real estate, retirement accounts and more. It is certainly true that probate disputes can arise – potentially leading to litigation – when beneficiaries do not agree on how these major assets should be divided. But it is also important to think about family heirlooms. These can also lead to probate disputes, which can sometimes be even more difficult to resolve. Sentimental value The challenge is that family heirlooms often carry significant sentimental value,...

In Kentucky, the law protects you from shouldering the leftover debt of your deceased parents. If you are staring at a stack of credit card statements, understand that there is a way to settle this without risking your personal assets. How the probate process settles debt Upon the death of your parents, their named executor begins to administer their estate. If they happen to appoint you, part of the probate process is to settle debts using the estate’s available assets. These include the decedents’ bank accounts, real estate properties, vehicles and personal property. Under Kentucky law,...

An executor of the estate is legally responsible for managing a decedent's estate. The role of executor comes with a fiduciary duty to always act in the best interests of the estate’s beneficiaries. This means that an executor must always be honest and responsible when managing estate assets.  If an executor fails to meet their fiduciary duty, then they may be in breach. Here are a few examples of how an executor may breach their fiduciary duty: 1. Failing to communicate with beneficiaries Executors are responsible for keeping beneficiaries reasonably informed about the management of an...

When someone passes away in Kentucky, a petition is filed with the probate court. The probate process helps with estate administration and the distribution of assets. These assets include tangible assets, like a home or a car, along with financial assets, such as savings and investments. Most bank accounts will go through probate. Say you have a simple will that states that your financial assets should be divided evenly among your adult children. The estate executor will be able to access the bank account to pay off any financial obligations, like final debts or taxes, and they can then...