Kentucky Law Blog

As a beneficiary of a deceased’s estate, you will have to wait for the executor to do their job before you get the assets coming to you. While you need to exercise patience and realize this is effectively an unpaid role they are performing, there might come a point where you start to wonder if they are the right person for the job. So what grounds might you have to seek their removal? Here are a few: They are incompetent Let’s say the executor keeps making mistakes which delays the distribution of assets. Or they struggle to remember what they have to do next. In that case, you might have...

When a loved one passes away, sorting through their estate can be a complex process. Intellectual property (IP) rights, such as patents, copyrights, and trademarks, can add another layer of difficulty. These rights, which can be quite valuable, are something your estate has to properly address during probate. Identifying intellectual property disputes Intellectual property disputes often arise when heirs disagree on the ownership or value of IP assets during the probate process. These assets can include written works, inventions, logos, and brand names. Recognizing potential disputes early...

The Kentucky probate courts often help interpret the law and enforce estate planning documents. However, sometimes the probate courts have to do the exact opposite. They may need to set aside or invalidate estate planning paperwork because of issues with the documents. Family members of someone who recently died and beneficiaries included in an estate plan may have reason to question the documents that someone drafted. In some scenarios, the probate courts might agree with the assertion that a will or other testamentary document is invalid and, therefore, unenforceable. Will contests are...

Probate is a legal process that happens after someone dies. It involves distributing the deceased person's assets to their heirs and paying off any debts. Understanding what happens to personal items during probate in Kentucky is important to help ensure the process goes smoothly and efficiently. Understanding probate Probate begins when the court validates the deceased person's will, if there is one. If there is no will, the court follows state laws to determine how to distribute the assets. Personal items, such as jewelry, furniture and clothing, are part of the estate and can go through...