Kentucky Law Blog

Consider excluding these items from your living trust

Estate planning is an important step in ensuring your desired asset distribution after you pass away. While creating a living trust is a common and effective method to manage your assets, be mindful of what you include in it. In many cases, specific items are better left out of your living trust. Retirement accounts One key item to exclude from your trust is your retirement accounts, such as 401(k)s and IRAs. These accounts come with designated beneficiaries, and trying to place them within a trust can lead to unintended tax consequences. Instead, ensure that your beneficiaries are...

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Common reasons for estate litigation

Estate litigation can arise for various reasons. For example, family members and interested parties can file a lawsuit to dispute asset distribution or will execution. Understanding common triggers for legal challenges can help you avoid or navigate these issues. Contested wills and trusts Disputes may arise when beneficiaries or family members question the validity of the will. They may allege undue influence, lack of capacity or improper execution. If someone challenges the will, the court will determine whether it is authentic and enforceable. Individuals may also dispute the validity or...

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How can probate be beneficial?

Many people view probate with hesitation. You may hear people advise on how to avoid probate, but should you avoid it at all costs? Probate is a beneficial process in estate administration and can positively affect families and loved ones. The advantages associated with probate ensure the orderly distribution of assets and estate resolution. Transparency in asset distribution Probate ensures that the family carries out the decedent's wishes fairly and impartially. The distribution of assets becomes part of the public record and must be transparent for all family members. Heirs have less of a...

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Understanding the appeals process for landlords

According to the National Low Income Housing Coalition, tenants occupy 563,173 rental units in Kentucky. These tenants sometimes have disputes with property owners that escalate to a point where legal intervention becomes necessary. When landlords receive an unfavorable ruling in these cases, the Kentucky Constitution allows them to appeal the decision. However, they can do so only under certain circumstances. Reasons for litigation Property owners may seek legal action against renters for the following reasons: Non-payment of rent Property damage beyond normal wear and tear Violation of...

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Will Kentucky probate courts uphold a no-contest clause?

Probate is necessary for many estates in Kentucky. The courts will often oversee the distribution of someone's assets if they die without a will or have particularly valuable personal property in their estate. However, estates generally only require probate litigation when something goes wrong. Provided that someone took the time to carefully plan for their estate before passing, their will should govern what happens after they die. Someone's testamentary documents should clearly state who should receive which property from their estate, and the personal representative handling estate...

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5 reasons contingency planning in Kentucky probate is important

When it comes to estate planning in Kentucky, consider not only the present but also prepare for unexpected events in the future. Contingency planning helps ensure the smooth and efficient handling of your assets. In just a few steps, this type of planning lets you greatly simplify the probate process for your beneficiaries. 1. Ensures smooth asset transfer One of the primary purposes of estate planning is to facilitate the transfer of assets to your loved ones after your passing. However, life is unpredictable, and unforeseen events can disrupt the intended process. Contingency planning...

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Handling real estate assets in the probate process

When it comes to the probate process in Kentucky, real estate assets can play a significant role. Understanding the management and potential sale of real estate in probate is important for beneficiaries and executors. Following the steps properly ensures a smooth and lawful resolution of real estate matters. Inventory and appraisal One step in handling real estate assets in Kentucky probate is to create an inventory of all the decedent's property, including real estate. An appraisal may be necessary to determine the fair market value of the real estate. Notification to beneficiaries...

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What is probate and why should I try to avoid it?

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 which includes but is not limited to looking at the amount of assets owned at the time of passing and how those assets are titled. The probate court will validate the will, if there is one, or apply the intestate laws, if there is not, to distribute assets and settle debts. Intestate laws apply when there is no will and the assets...

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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 parties. In Kentucky, there are specific grounds upon which a will's validity can be challenged. Some of the most common are detailed below. Lack of testamentary capacity One of the primary grounds for challenging a will is the alleged lack of testamentary capacity of a will creator. Testamentary capacity refers to the mental and...

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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 executor duties commence when the will goes to probate. However, there are exceptions – you may need to assume your responsibilities when the testator dies. This includes registering the death, setting up funeral arrangements and paying reasonable funeral expenses. You may also take steps to care for and preserve the deceased’s...

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