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Kentucky Law Blog

What should an executor share with beneficiaries?

On Behalf of | Jul 27, 2025 |

If you are an executor of a will, one of your responsibilities is communicating with beneficiaries. You have a fiduciary duty to keep them adequately informed. Failure to do so might create legal grounds for your removal. So, what should you communicate to beneficiaries? That they are beneficiaries Notify all beneficiaries that they have been named in the will. This allows them to obtain more information about their rights, request a copy of the will if needed and so forth, to protect their interests. Probate proceedings Inform beneficiaries when the will is submitted to probate. Consider...

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Can hidden or withheld evidence provide grounds for appeal?

On Behalf of | Jul 23, 2025 |

When a legal case concludes with an unfavorable outcome, it can feel like the end of the road. However, if hidden or withheld evidence played a role in that result, there may be grounds for an appeal. In both personal injury and civil rights cases, the fairness or unfairness of the proceedings generally guides whether an appeal is possible. For example, any failure to disclose relevant evidence can undermine that fairness and form the basis for challenging a verdict. Appeals are not simply second chances. They are formal requests for a higher court to review whether legal errors affected the...

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Time isn’t on your side: Why civil lawsuits have deadlines

On Behalf of | Jul 14, 2025 |

When you’ve been wronged, whether it’s a breach of contract, damage to property or a personal injury, you may feel like you have all the time in the world to take legal action. After all, the harm is real, and your case feels valid. However, the law doesn’t wait forever. Civil lawsuits in Kentucky have deadlines based on the statute of limitations designated in the law. In other words, you only have a certain amount of time to take the matter to court. If the deadline passes, the court may refuse to hear your case, no matter how solid it is. This clock starts ticking the moment the incident...

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What does competency have to do with an estate plan?

On Behalf of | Jul 1, 2025 |

When someone creates an estate plan, they’re outlining their wishes for what will happen when they pass away. They’re also dictating what they want to happen if they become incapacitated. Because of the seriousness of these matters, it’s critical that they fully understand the implications of their decisions.  The legal term for being able to understand and make these choices is “testamentary capacity,” which is a fancy term for being mentally competent. It’s critical that anyone who’s creating an estate plan understands this, but it’s also important for those dealing with a loved one’s...

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Debunking the myth of a second trial 

On Behalf of | Jun 18, 2025 |

Sometimes, when a case does not go your way, it is easy to think filing an appeal means you get another shot at everything, like hitting restart. But appeals do not work that way. They are not a second trial and do not offer the chance to bring in new evidence or re-argue the whole case from scratch.  Instead, appeals focus on very specific matters, such as whether a legal mistake affected the outcome of your case. It could be an error the judge made or an issue with how the law was applied. It is less about what happened and more about how it happened.  What you can actually do during an...

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3 ways fraudulent executors steal from estates during probate

On Behalf of | Jun 1, 2025 |

Probate is meant to help ensure that a will is executed according to the deceased’s wishes. Unfortunately, the process can become a breeding ground for fraud. Fraud is especially likely when the executor, the person responsible for managing the estate, abuses their position.  Executors are entrusted with immense financial responsibility and legal authority, which, unfortunately, can be exploited. If beneficiaries aren’t vigilant, a dishonest executor can siphon funds, hide assets and ultimately rob heirs of their rightful inheritance.  1. Undervaluing or hiding assets Executors may “forget”...

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Do stepparents also need both parents’ permission to adopt?

On Behalf of | May 29, 2025 |

Stepparent adoptions can be beneficial for everyone in a family. The child obtains enhanced security and family stability. The stepparent has protection in the event of a divorce or the death of their spouse. There are also financial, tax and inheritance considerations that may influence the decision to adopt. Typically, multiple parties need to consent to a stepparent adoption. Older children may need to agree to their adoption. Both surviving parents of the child generally also need to agree to the adoption. The spouse of the stepparent has to provide consent, and the other parent...

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Undue influence can lead to beneficiaries challenging a will

On Behalf of | May 21, 2025 |

Going to court to challenge a will isn’t something that’s possible for anyone to do. Instead, the person must have a legal interest in the will and have a valid reason to challenge the will. One of the reasons that may be present in a situation is undue influence.  Undue influence occurs when someone pressures or manipulates the person making the will, who is known as the testator, into changing their estate plans to benefit the influencer. This is often at the expense of rightful beneficiaries. What’s the difference between undue influence and persuasion? This influence must go beyond...

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Contract breaches may lead to litigation

On Behalf of | May 7, 2025 |

Contracts contain requirements for both parties, and it’s critical that they’re all met in accordance with the contract terms. When terms aren’t met by either party, a contract breach occurs. The circumstances surrounding the breach determine what type of breach happened and what resolutions are possible. This sometimes leads to significant problems for the wronged party. These are major issues if they result in losses for that party. It’s critical to review the contract to determine whether there are any requirements for how the breach is handled. Many contract breaches are resolved through...

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Loved ones don’t have to pay a decedent’s debts

On Behalf of | Apr 22, 2025 |

The loss of a loved one is a traumatic event in a person’s life. The last thing that someone wants to deal with when they lose someone they love is debt collectors. In almost all cases, the estate executor is the one who should have to deal with this.  Just because the person died doesn’t mean that their debts go away. Instead, the estate will take care of them as long as it's solvent. If the estate runs out of money or assets, it’s insolvent. This means that the debts won’t be paid unless there’s another party that’s legally responsible for them.  Exceptions that may create personal...

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