Kentucky Law Blog

Wills are often the only documents governing estate administration. People rely on wills to designate personal representatives and outline the distribution of their property after their passing. In some cases, people creating wills make mistakes that invalidate their documents. Other times, they may not be in the right state of mind to draft valid legal instruments. Can those surprised by the contents of a will contest the document at issue based on the medical challenges of the testator around the time they drafted the will? Wills require testamentary capacity Typically, people must have...

Many misconceptions about probate exist in Kentucky. These myths can be harmful, as they can often result in financial strains and unnecessary stress. To help you avoid costly mistakes, here are three common myths debunked by facts and governing statutes. Having a will can help you avoid probate If you hear from someone that having a will can help you avoid probate, they are incorrect. You will still go through the probate process, even if you have one. In Kentucky, possessing more than $30,000 in probate assets subjects the estate to the probate process. The court then validates and...

Probate is the process of administering a person’s estate. A major part of this process is simply reading the will, taking inventory of assets, and distributing them to the intended beneficiaries. Many people believe that this process begins with a will reading, where beneficiaries gather and the lawyer reads the will so that they understand what the deceased wanted and what they should expect as an inheritance. This is a very common scene in popular movies and TV shows, and it may show up in novels and other types of media. But does this type of reading still happen today? It is not a legal...

Estate administration involves fulfilling an individual's last wishes and addressing any responsibilities they did not have time to resolve before they passed. Personal representatives or executors pay hospital bills and other financial obligations using the estate’s resources. They also have tax responsibilities in many cases. If personal representatives make mistakes while managing and distributing estate resources, they may sometimes have direct liability for the impact of their oversights. A failure to file tax returns and cover tax obligations using estate resources could lead to claims...

The probate process is often a sensitive and emotionally charged period for families. While it serves the vital role of distributing a deceased person’s estate fairly, it can also spark disagreements and create stress among beneficiaries.  Sometimes, this restlessness does not arise from the legal process itself but from actions taken by those involved. Learning what can trigger tension is important in helping to ensure a smoother journey for everyone concerned. 1. Delaying communication with beneficiaries When beneficiaries are left in the dark, speculation and mistrust tend to grow. People...

When someone passes away in Kentucky, their estate will go through the probate process. This is designed to ensure the will is valid and that the decedent’s wishes are followed. In most cases, the estate moves through the process and is closed without issue. There are limited times in which there may be a reason to believe that the will isn’t valid. That could lead to a challenge in court, but it’s important to understand exactly who can contest a will and what situations can lead to this. The person must have a direct interest in the estate In Kentucky, the person who’s challenging the will...

As an executor, it is essential not only to complete your tasks effectively but also to do so efficiently. A whole host of people will be waiting on you to complete the tasks involved, including the deceased's family, their beneficiaries and even creditors. While it is important to set realistic expectations for yourself and others about how long the probate process will take, there are some things you can do to keep things more efficient. Here are three of them. 1. Avoid rushing Avoiding rushing might seem counterintuitive when trying to get the job done, but mistakes are more likely to...