Kentucky Law Blog

Probate is a daunting process, especially for those who serve as executors of an estate. If your loved one chose you as executor, you may find that the process requires extensive planning and organization. To fulfill your duties, you need to have a clear understanding of the process. File the petition for probate One of your first duties as executor is filing the probate petition. While your loved one names you executor, the court officially appoints you and grants authority to administer the estate. To file the petition, you will need information about the decedent, the will and your...

After diligently crafting your estate plan, choosing someone to carry out your wishes as an executor is a significant decision. An executor holds a position of trust and responsibility, tasked with managing your estate after your death. However, sometimes executors fail to fulfill their duties properly, leading to potential misconduct. 1. Lack of communication One of the primary duties of an executor is to keep beneficiaries informed about the estate's progress. If you notice a lack of communication or updates about important matters, such as asset distribution or legal proceedings, it could...

The undue influence of an outside party is one of the scenarios in which someone could challenge or contest a will or other testamentary documents. Undue influence involves someone other than the testator or decedent having a degree of control over the testator's estate plan. A claim of undue influence might lead to the Kentucky probate courts setting aside an entire will. In fact, the Kentucky courts can even void a trust if someone created it under the undue influence of another. Those hoping to inherit from an estate might have reason to raise questions about the influence of other...

When a loved one dies and leaves behind a house, it can be a complex and emotional process for siblings to navigate. Understanding the probate process is crucial in ensuring a smooth transition of property ownership. Initiating probate The probate process begins with the court validating the deceased's will, if there is one. The court will determine how to distribute the property if there is no will. You must file a petition to open the probate case. This filing kicks off the legal proceedings necessary for transferring house ownership. Notification and inventory Once the probate case is...