Kentucky Law Blog

How fast can you get through probate?

With someone dies, their estate will usually have to go through a process called probate. This process is intended to make sure that your final debts are paid (if possible) and make sure that your remaining assets are properly distributed.  Probate can take several months – anywhere between a year to a year and a half. The length of probate often depends on the complexity of your estate and the assets listed in your will. Probate could also lengthen if your beneficiaries dispute the validation or clarity of your will or had issues with the assets allocated to them. Is there any way to...

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How to communicate with an estate’s heirs

After a testator's death, your role as their executor will begin -- and one of your primary jobs is making sure that the probate process is properly opened and completed. While going through the probate procedures, you will often find it necessary to communicate with the testator's heirs. Here are some tips that can help: Inform the heirs that probate on the estate has begun When you take the will to probate, you will notify the beneficiaries and other interested parties. This alerts them that estate administration has begun. Your notice should also inform them they can request a copy of the...

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Can a family business survive sibling disputes?

Family businesses are a cornerstone of American society, with half the nation’s GDP generated by small family-owned businesses. Customers may like the familial atmosphere of seeing two or three generations working together or the dynamic of sisters and brothers melding family and work life together. Still, that dream can become a nightmare if siblings are at odds with one another, which is why an estimated 77% of businesses fail, often by the third generation. Conflicts are a common cause Blood may be thicker than water, but unrelated business partners often come together because of similar...

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A personal guarantee may help with business debt collection

Every reputable business's lifeblood involves contracts. They stipulate terms for sales and services provided, price and dates for suppliers, and should include clauses that address foreseeable issues that cause one party not to meet the terms. While it makes good business sense to keep business finances separate from personal ones, Business A may request a personal guarantee if Business B is a partnership, LLC, C corporation, trust or other legal structure. The signee/guarantor for Business B becomes legally liable for a business’s unpaid debt regardless of the business's structure. Vendors...

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Some divorces require litigation

Most divorces are handled through some form of mediation rather than in court, and many family law attorneys will argue against litigation as expensive and time-consuming. This is fine if the split is an amicable one, or the two sides are open to negotiating a fair and equitable solution. Still, litigating a case may be the best way to resolve issues where the spouses do not see eye-to-eye. Common reasons for using it The issues and circumstances involved in divorce are unique to the people involved, but there are five common reasons to litigate a divorce: The spouses do not cooperate:...

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Creditors’ claims are often a part of probate

The probate process settles the decedent's affairs. For families and beneficiaries, this means dividing up assets like money, belongings, investments, and other things of value. Some are surprised that it also involves paying off any outstanding bills owed to creditors. While up to $30,000 will be exempt from creditor claims and pass to spouses or children, creditors can open the estate to collect money owed. It can happen even if no one is handling the administration. The priority goes toward paying creditors The estate must pay all outstanding bills. While the personal representative...

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Businesses often face the risk of contract disputes

No matter how well an owner runs a business and how much due diligence they exercise, contract disputes will occasionally occur. It may involve a customer, a vendor, an employee or a partner. They may accuse the owner or business of breach of contract and even file a lawsuit. Not all lawsuits end up with a judge's ruling, nor does filing the lawsuit justify the plaintiff's claim. Still, a business or owner must defend their professional and legal interests when accused of a breach. Two types of breaches Contracts cover many types of business agreements, but there are two common legal...

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Consent is a key issue in adopting

Parental consent is a crucial hurdle for parents wishing to adopt. It refers to the agreement between the adoptive and biological parents, agency or person acting in place of the parent. Giving consent means relinquishing a child for adoption and release. The requirements of consent There are rules regarding consent: It cannot happen before 72 hours after childbirth. It must be given by both biological parents if married and the mother and father out of wedlock (if his paternity is legally acknowledged). If the parent is a minor, they can consent, but a guardian is appointed. Consent must...

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Not happy with how probate was handled?

Executors typically try to honor the wishes of the decedent. The job involves closing the estate and distributing assets to beneficiaries and heirs. Still, someone may dispute or appeal the plan or a judge’s ruling concerning the will and estate plan. Common grounds exist for a party to dispute the will in probate court. They then may believe that the probate court did not correctly handle the case. Grounds for an appeal The details of each case are unique, but generally, valid grounds for contesting a will involve one of the following: Elder financial abuse: Preying on the old or mentally...

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Those without children still need estate plans

It is a common presumption that people draft wills so they can pass significant assets along to their children. Still, an estate plan can also be quite valuable for those who do not have children or perhaps never married. Whereas many consider children and descendants their legacy, those who draft wills can create meaningful legacies that enable your memory to live on. There are other worthwhile beneficiaries It may be well and good to give money to siblings, parents, nieces and nephews, but charitable giving can continue to support causes and things that are important to you. This gift...

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