Kentucky Probate Legal Questions

In many states there is no reading of the Will.  However, a Will has no legal effect until a court admits it to probate (proving that the Will is the Will of the deceased).  Check you local probate court records.  Some are available online.  If you are a beneficiary and have not received an accounting or a distribution, after a certain period of time (varying by state) you may be able to demand an accounting or a distribution and, if it is not produced, ask the court to replace the executor.  The farm may or may not have had to be sold to pay the estate's debts.  You cannot tell without examining the accounting.... Read More

Life insurance companies are only obliged to release information to the person named as a beneficiary on the policy.  If the life insurance company did not release information to the administrator or executor of the estate, that means that an individual was named as the beneficiary.  That person has no obligation to disclose information to you or anyone else.... Read More

No one can answer the question without examining the Will.  In any event, it appears from your description that your father is still alive.  A Will has no legal effect until a court admits it to probate.  A Will will not be admitted to probate while the person is still alive.... Read More

Under Kentucky law, if she disclaims the devise, it will pass "as if she predeceased" your brother   So you must first look at his will to see what is provided regarding devises or bequests to people who predecease him.   Many times, the will provides that  if a recipient predeceases the testator, the devise or bequest passes to the person's children or descendents.  If the will does not say this, Kentucky statutory law says that it would pass to the children unless a contrary intent is exprssed in the will.     In any event, whether your sister-in-law or her chidren ultimately get the share, they will pay inheritance tax so her disclaimer is really irrelevant  ... Read More

If there is a valid will, that would control.  If there is no will, under Kentucky law, one-half of the estate would go to your grandmother and one-half would be divided among your mother and her siblings. You need to file a petition in probate court in the county where your grandfather lived to be appointed as administrator of his estate.  That would put you in charge unless someone then produced a valid will. What county do you live in? Jan Kreutzer Elder Law Center... Read More

I'm sorry for your loss.  For jointly owned property, you are now the owner without need of any probate process or other legal actions.  For property in just your late husband's name, you may need to be appointed by the local probate court as the executor of his estate in order to tranfser ownership of this property.  But, if those assets in just his name are not worth much, I think it's $15,000 or less in Kentucky, there is a process available to you whereby you sign an affidavit that states the facts of your marriage and his death and that his assets are under a certain value, and you could use this affidavit to transfer those assets.  The probate court should have this for you or you may be able to access it online - it will be called a Small Estate Affidavit.  Good luck. ... Read More

Dear Kira, Life insurance money does not fall under the authority of a will, but goes to whoever is the beneficiary designated on the policy. Life insurance always goes to the beneficiary of the policy, so if the ex spouse is the beneficiary designated on the policy, yes, the ex will get the money. When there is a major change in someone's life or circumstances, that person should update his or her estate plan. Otherwise, inheritances go to whoever was originally on a deed or title, whoever was originally named in a will or trust, or whoever was the original beneficiary of life insurance or a retirement plan. Estate planners consider major life changes to be marriage, divorce, death, birth or adoption of each child, major purchases or sales (house, car, boat, vacation property, collectibles, insurance or investments, etc...), relocation (i.e., moving (especially if to a new state) or living / working out of the country), starting or closing a business, and such events. In general, it is a smart idea to update your estate plan every 3-5 years to keep up with life changes and changes in tax, estate or inheritance laws. You should speak with an experienced Kentucky estate lawyer to learn your exact situation. To your success, Gale Allison, Principal Attorney Allison Firm, PLLC... Read More

Dear Kentucky, You really brought a hot potato to the party with this question and I fear no attorney really wants to answer it.  You might want to try google for a more comprehensive answer....but briefly... Start your search for answers with your state's Attorney Registration and Discipline Committee.  In Illinois' ours is online and an attorney's name can be typed in and one (or several) of his or her lowest moments as an attorney can be uncovered....but please don't say you heard it from me...and good luck getting your funds returned.  And on behalf of this wonderful profession in which I'm proud to serve, most of us really do care about the people we serve and seek to provide them with competent and zealous representation at a fair shake.  So Kentucky, please don't lump us all in with the one who has done you wrong.  I hope your next experience with legal counsel is a most wonderful one.  Best wishes.   ... Read More

Of course you have searched his residence, furnishings, outbuildings, storage places, bank vault or safety deposit box, and all his hidey holes. You have no doubt, asked other relatives, his friends, spiritual leader(s), and associates. Your next best option is to find the lawyer your father used to write his Will. Talk to everyone you can think of to try to determine that lawyer. If no results, hire an extremely experienced Kentucky probate lawyer, who is known for expertise in estate matters in the community where your father lived. Have your lawyer advertise for the Will in all bar publications that make sense. There may things your lawyer can do on the Internet as well, to publicize the need for the lawyer your father used to come forward with the Will or a copy of his signed Will. If you have no luck finding a copy of your father's signed Will, you must file for probate as though he had no Will. That means Kentucky state law controls who inherits based on relationships to your father. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

Your Indiana Will may be valid, but it is so woefully out of date that even if you were in Indiana, I would advise you to update it. As is, it may be very difficult and expensive to probate it in Kentucky. Would you want to put your loved ones through that? By the way, you need more than a Will these days. You need a Power Of Attorney as well, unless you just have the good grace to drop dead with no end of life issues. Finally, if you are on a shoestring budget or do not want to pay for good legal services to update your estate plan, you can ask your loved ones and heirs to pay for it. In the end, they are the ones who will pay for the nightmare you leave behind if you do nothing. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com ... Read More