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Kentucky Law Blog

Essential details for grandparents who adopt

On Behalf of | Feb 6, 2023 |

Grandparent adoption is one of the most common forms of adoption in the United States. Grandparents embark upon it with the best intentions, but it can only occur if there is no hope that the birth parents will be able to supply a safe and stable home for the child. Often, the adoption legalizes a situation where the grandparents are already deeply involved in the lives of the children. Getting a court order Before a court order for adoption is issued, the grandparent must provide proof of the following: The birth parents willingly, knowingly and voluntarily terminate their parental rights....

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An overview of civil litigation

On Behalf of | Jan 31, 2023 |

There are many different areas of law, but these are divided between criminal and civil cases. Criminal cases involve breaking the law with a prosecutor and a defendant. There are penalties that include jail, probation, fines or a criminal record. Civil litigation involves disputes between two parties, the plaintiff and the defendant, and the outcome involves a financial settlement or specific performance. Either type consists of a decision by a judge and possibly a jury. Common examples of civil litigation Civil litigation is quite varied, encompassing a wide range of disputes: Divorce: A...

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How to pick the right executor or executrix

On Behalf of | Jan 18, 2023 | ,

One of the most critical decisions when drafting a will and estate plan is picking the estate administrator, also known as the executor or executrix. This role oversees the probate process and administers the decedent's estate, ensuring their wishes are carried out and beneficiaries and heirs receive the promised bequests. They also close the estate, collect all debts owed and pay taxes and any outstanding bills. How do you know you made the right choice estate administrator? Knowing who makes a good one can make the decision easier. Understanding the role of trustee The trustee has a legal...

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The adoption process for LGBTQ parents in Kentucky

On Behalf of | Jan 5, 2023 |

No state regulations explicitly prohibit single LGBTQ individuals from petitioning to adopt. Nonetheless, the adoption process for lesbian, gay, bisexual and transgender parents differs. There are always hurdles (some expected and others unexpected) during an adoption, but there will be specific issues that arise for couples who are not opposite sex. Keeping this in mind can help prepare potential parents better prepare for the process. It should be some consolation that there are approximately 3 million lesbian, gay, bisexual, transgender, or queer (LGBTQ) Americans who have had a child....

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Typical questions asked when weighing an appeal

On Behalf of | Jan 5, 2023 |

Appellate Courts handle cases differently than the proceedings in a lower court. We have outlined the process in another helpful blog, but there are some other questions people often ask when they contemplate filing an appeal. Typical questions we hear include: Do we retry the case in Appeals Court? Appeals are not retrials. Instead, three judges review the existing trial records and evidence. Both sides should also file briefs about why the lower court's decision is incorrect or correct. What are some common reasons for appealing a decision? There are many reasons to appeal a lower court...

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These red flags can lead to litigation

On Behalf of | Dec 22, 2022 |

Binding contracts are the lifeblood of every viable business. Proper agreements can set the parameters of a strong business relationship with a vendor, employee and customer. Contracts not strategically drafted to reflect the deal's conditions can harm a business, cracking its' foundation. Fixing those cracks can mean legal action, including civil litigation. It is understood that everyone needs to read a contract before signing it. Still, it is also essential to negotiate a fair and equitable deal that helps businesses and their partners flourish. Negotiation can also help uncover red flags...

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What if the will’s executor doesn’t pay beneficiaries?

On Behalf of | Dec 16, 2022 |

The term “probate” refers to the legal process of ensuring that a will is legally valid, but it is generally used for distributing the estate’s assets after death. An executor (either named in the will or appointed by the courts) oversees the process. There is a lot of paperwork and administrative steps, but it generally goes smoothly if they follow the established legal guidelines that regulate it. The job of an executor involves fiduciary duties, including fulfilling the terms of the will. Unfortunately, not all executors follow through on their obligations. Common reasons are because of...

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Did your business partner abandon you?

On Behalf of | Dec 6, 2022 | ,

New partnerships typically start with optimism, but not all live up to those dreams. Whether it is a difference of opinion or they left for greener pastures, the remaining partner or group of partners may feel like they've been abandoned. The departure also leaves them with the mess of shutting down the business or restructuring; in either case, they are likely angry and frustrated. It can also lead to a lawsuit. Can you sue them? The answer to this question hinges on several factors. The partnership or operating agreement should be the first place to check, but the departure must follow...

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U.S. Supreme Court weighs changes to Native American Adoptions

On Behalf of | Dec 6, 2022 |

The United States Supreme Court heard three hours of arguments in November on the constitutionality of the Indian Child Welfare Act of 1978. This sweeping law makes it difficult to remove American Indian children from their heritage and tribes. The arguments were for four consolidated cases on the matter and could have a wide-ranging impact and likely strike down at least part of the law. Four justices supporting Native American rights are Neil Gorsuch (who has emerged as a leading proponent for tribal rights) and the three liberal judges on the bench. It is unclear whether a fifth and...

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Anne Heche’s son files for control of estate

On Behalf of | Nov 28, 2022 | , ,

Actor Anne Heche’s death in a fiery car crash was ruled an accident in August. Now her 20-year-old son Homer Laffoon has filed a petition in the Superior Court of Los Angeles for control of the estate since his mother did not leave a will. That petition lists himself and 13-year-old half-brother Atlas Tupper as the only heirs. Laffoon also filed a petition requesting that someone represent the interests of his younger sibling in court. While Heche’s estate is said to be as modest as $400,000, the Laffoon’s (likely with help from legal advisors) petitions are relatively standard when no one...

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