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Kentucky Law Blog

These red flags can lead to litigation

On Behalf of | Dec 22, 2022 |

Binding contracts are the lifeblood of every viable business. Proper agreements can set the parameters of a strong business relationship with a vendor, employee and customer. Contracts not strategically drafted to reflect the deal's conditions can harm a business, cracking its' foundation. Fixing those cracks can mean legal action, including civil litigation. It is understood that everyone needs to read a contract before signing it. Still, it is also essential to negotiate a fair and equitable deal that helps businesses and their partners flourish. Negotiation can also help uncover red flags...

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What if the will’s executor doesn’t pay beneficiaries?

On Behalf of | Dec 16, 2022 |

The term “probate” refers to the legal process of ensuring that a will is legally valid, but it is generally used for distributing the estate’s assets after death. An executor (either named in the will or appointed by the courts) oversees the process. There is a lot of paperwork and administrative steps, but it generally goes smoothly if they follow the established legal guidelines that regulate it. The job of an executor involves fiduciary duties, including fulfilling the terms of the will. Unfortunately, not all executors follow through on their obligations. Common reasons are because of...

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Did your business partner abandon you?

On Behalf of | Dec 6, 2022 | ,

New partnerships typically start with optimism, but not all live up to those dreams. Whether it is a difference of opinion or they left for greener pastures, the remaining partner or group of partners may feel like they've been abandoned. The departure also leaves them with the mess of shutting down the business or restructuring; in either case, they are likely angry and frustrated. It can also lead to a lawsuit. Can you sue them? The answer to this question hinges on several factors. The partnership or operating agreement should be the first place to check, but the departure must follow...

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U.S. Supreme Court weighs changes to Native American Adoptions

On Behalf of | Dec 6, 2022 |

The United States Supreme Court heard three hours of arguments in November on the constitutionality of the Indian Child Welfare Act of 1978. This sweeping law makes it difficult to remove American Indian children from their heritage and tribes. The arguments were for four consolidated cases on the matter and could have a wide-ranging impact and likely strike down at least part of the law. Four justices supporting Native American rights are Neil Gorsuch (who has emerged as a leading proponent for tribal rights) and the three liberal judges on the bench. It is unclear whether a fifth and...

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Anne Heche’s son files for control of estate

On Behalf of | Nov 28, 2022 | , ,

Actor Anne Heche’s death in a fiery car crash was ruled an accident in August. Now her 20-year-old son Homer Laffoon has filed a petition in the Superior Court of Los Angeles for control of the estate since his mother did not leave a will. That petition lists himself and 13-year-old half-brother Atlas Tupper as the only heirs. Laffoon also filed a petition requesting that someone represent the interests of his younger sibling in court. While Heche’s estate is said to be as modest as $400,000, the Laffoon’s (likely with help from legal advisors) petitions are relatively standard when no one...

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How do appeals court work in Kentucky?

On Behalf of | Nov 3, 2022 |

The state's constitution allows litigants in criminal and civil cases the right to appeal at least once. Rather than retry the case already heard in the lower court, the party who files the appeal (the appellant) must argue that the trial court made a legal error that affected their case's outcome and prepares a brief of legal arguments that the mistake signals that the case should be overturned. The opposing party (the appellee) in the case heard in court can file a brief that responds to the appellant’s arguments. Both sides cite their arguments and decisions from previous cases that...

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How does foster-care adoption work?

On Behalf of | Nov 2, 2022 |

Foster-care adoption involves a child in foster care because their biological parents had their rights terminated by the court. The causes are often related to such issues as neglect, physical abuse, or substance abuse by the parents. The children placed in foster care are cared for by foster parents or organizations until the biological parents resume their role as caregivers. Children placed in foster care often have siblings also placed in foster care. The judge creates a reunification plan with a time limit. If a parent fails to meet those expectations, the court terminates the parental...

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5 common breach of contract defenses

On Behalf of | Oct 20, 2022 | ,

Contracts are the lifeblood of any business. They outline such essential details as the scope of work done, the cost of the work, deadlines for delivery, and other things. Disputes over meeting the agreed-upon terms lead companies to file a breach of contract lawsuit. While a company or business partner may feel that a lawsuit has no legal grounds, speaking with an attorney with experience handling business litigation is always advisable. They can review the contract and the case details and then build a strong defense for their client if necessary. Every contract is different The...

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What’s needed to contest a will

On Behalf of | Oct 10, 2022 | ,

Even if you think you have a good reason, it is more challenging than many people believe to contest a will. Generally speaking, there are a series of hoops you need to pass through to raise valid concerns that can be heard in a court of law. Legal standing Those who want to contest a will must have legal standing. Common reasons that give legal standing include: You are a beneficiary in the current will. You were a beneficiary in a prior will. You would be heir if intestacy law applies -- there was no will, and the law divides the estate among the family. Valid legal reasons to challenge a...

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There are many reasons for probate disputes

On Behalf of | Oct 6, 2022 |

The loss of a parent, grandparent or loved one can devastate beneficiaries and those they leave behind. It can also change the dynamic between the survivors as they deal with their loss – what was once harmonious can become contentious. Moreover, even the most carefully drafted estate plan that reflects the decedent's decisions can cause disagreements over the division of assets, control of the estate and other matters handled during probate. This can lead to litigation. Common causes of probate litigation The details of each case and estate are different, but these are some common reasons...

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