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Kentucky Probate Questions & Answers
3 Answers | Asked in Bankruptcy and Probate for Kentucky on
Q: Can my inherited home be taken if I file for bankruptcy in Kentucky?

I am considering filing for bankruptcy. My father passed away in September 2023, and his estate just settled. I have received his home, valued at $25,000, which needs repairs and has no water. There is no debt or lien on it. I haven't officially transferred the title yet. Can this home be... View More

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Mar 18, 2025

You have a 27,900 exemption that allows you to keep up to 27900 in equity in your home you live in. It must be your residence. You also have a 4500 exemption for a car. If you live in the home and the truck is in your name you should have no problem.

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1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My dad died 12/06/23, he lived in Allen County, KY, and had no will.

Wife is deceased, has 3 children/heirs, my 2 brothers and I. His assets: $36,500 that he was about to inherit from his mother’s estate, and a 2016 Nissan Versa that needs transmission repairs in order to be drivable. My 2 brothers and I agree that I will be the administrator of his estate. Is it... View More

Timothy Denison
Timothy Denison
answered on Sep 5, 2024

It appears you will not be able to dispense with administration because your dad’s estate is over $30,000, which is the maximum amount of assets that can be dispensed. Contact a local lawyer who can guide you through the process, which should not be terribly complicated given your description.

1 Answer | Asked in Probate for Kentucky on
Q: My uncle passed away in 2017 and when he passed my father inherited his land but didn’t go and have it legally put into

Now my father passed and I inherited his property I am trying to find out how to get the land that was my uncle’s put in my name

Anthony M. Avery
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answered on Jul 5, 2024

Hire a KY attorney to search the title and determine heirship. Then either record an Affidavit of Heirship or Probate Father's Estate (or both). Do as your KY attorney advises. Deceased Relatives cannot give you a deed.

1 Answer | Asked in Estate Planning, Real Estate Law, Legal Malpractice and Probate for Kentucky on
Q: I am in Kentucky and need clarification on the wording of a deed. My father's attorney friend prepared the deed.

The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father... View More

Timothy Denison
Timothy Denison
answered on May 16, 2024

That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the... View More

1 Answer | Asked in Estate Planning, Collections and Probate for Kentucky on
Q: My father passed with unknown debts. my mother is still alive and living on the property. Can they take the property?

We arent sure what debts are out there. We got a notice from an Estate Information Serivce trying to reach someone about my father's estate. We havent contacted anyone. But i want to know if my mother and their home is safe.

Timothy Denison
Timothy Denison
answered on Mar 31, 2024

Depends on whose name the property is in. You need to run a credit report on dad and see what debts you can ascertain are owed. Until you determine exactly what debts are owed, the property is far from safe or secure.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: I never received my inheritance from a property sold it’s in the will for me to get half of sales what do I do? HELP!!

What steps do I take? How do I get my money? The property was sold but I haven’t received my half of inheritance. Can I do it for free? About how much does something like this cost to do? Do I have to prosecute the person to get my money?

Anthony M. Avery
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answered on Mar 1, 2024

You will have to hire a KY attorney that does real property litigation. It will be an expensive and difficult suit for Ejectment, Quiet Title, etc. where you have to prove title. But if that Will was not filed for Probate, it means nothing. There are stringent SOLs involved, so either file... View More

2 Answers | Asked in Probate for Kentucky on
Q: KY in an intestate estate what if a surviving spouse is long-term institutionalized in a nursing home?

no will, deceased had 3 children, myself and my 2 brothers, and his wife who is long-term institutionalized, estate is small under $30,000 with no real estate. will his wife be able to benefit somehow, she is not able to care for herself physically and mentally.

Nina Whitehurst
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answered on Jan 5, 2024

Yes, the wife inherits her share even if she lacks capacity. If there is nobody with a power of attorney to manage her finances then a conservator may need to be appointed. And it can get even more complicated if she is on government benefits. If that is the case then remember that someone will... View More

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2 Answers | Asked in Real Estate Law and Probate for Kentucky on
Q: Probated my grandmother's estate over 10 years ago (no will,) sold property with quitclaim buyer passed did not file

Deed, still in grandmother's name. The probate was closed. I recently received notice from court of unpaid taxes and liens if I pay taxes and liens how do I transfer deed to me? Do I have to reopen probate?

Nina Whitehurst
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answered on Jan 1, 2024

Based upon the facts you have provided, it looks like the buyer bought and paid for the property but failed to record the deed. That does not mean that your grandmother's estate still owns the property. All that means is that a public record of the transaction was not made. The deceased... View More

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2 Answers | Asked in Estate Planning, Elder Law, Probate and Social Security for Kentucky on
Q: How do i navigate the death of my mother (was in process of writing a last will and test. but unable to finish)

Me, her daughter was POA in her living will but we hadnt been able to finish writing the last will and testament. I am to be the person to inherit her house and make sure it is available for her kids or grandkids to stay in if they should ever need a place We were talking about a dynasty trust or... View More

James L. Arrasmith
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answered on Nov 22, 2023

I'm sorry to hear about the loss of your mother. Navigating estate matters can be complex, especially in situations like yours where the last will and testament was not completed. As the person with power of attorney in her living will, you have a significant role, but it's important to... View More

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1 Answer | Asked in Estate Planning and Probate for Kentucky on
Q: My father had a life insurance policy that I saw copies of having paid out to g.parent guardians. They kept it.

I was listed as only beneficiary but was 6. I lost the copies of correspondences and of the name of insurance co. I dont believe they thought I d ever know about it. I m now 40 and they have kept it. How do I proceed?

James L. Arrasmith
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answered on Nov 13, 2023

To address the issue of a life insurance policy where you were the beneficiary but the funds were kept by your grandparents, you should start by gathering as much information as possible about the policy. If you don't remember the name of the insurance company, you might try to retrieve this... View More

2 Answers | Asked in Probate for Kentucky on
Q: How should my mom's estate be divided without a will, and what legal steps can I take to contest potential unfair distribution in Kentucky?

My mom passed away without a will, leaving a house in Kentucky that she wanted sold with the proceeds divided among her 8 children from her first marriage and 1 child with my stepdad. My sister, residing in Alabama, presented documents showing disproportionate distribution, with her receiving... View More

Timothy Denison
Timothy Denison
answered on Jun 3, 2025

If there was not a will, the property will be divided pursuant to the intestate laws of distribution in Kentucky.

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2 Answers | Asked in Probate and Estate Planning for Kentucky on
Q: How to verify the existence of a will for intended grandkids inheritance?

My father-in-law, who passed away with considerable assets, made it clear that everything should be left to his grandkids, ensuring their college education was paid for, and only then could they access the remainder. He explicitly stated he did not want his sons to receive any inheritance due to... View More

Timothy Denison
Timothy Denison
answered on May 26, 2025

If you don’t have a copy, it could be like searching for a needle in a haystack. You might approach the executor of his estate and see if he or she has a copy. You might also contact the decedents attorney to see if such a will was ever prepared.

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2 Answers | Asked in Probate and Civil Litigation for Kentucky on
Q: How to obtain deceased brother's bank records due to probate red flags in Kentucky?

I am a beneficiary of my deceased brother's estate, and I've received the administrix's accounting from the court. I have identified transactions and issues that seem concerning within specific timeframes. I wish to file an objection with the court regarding this, but I need to... View More

Timothy Denison
Timothy Denison
answered on May 8, 2025

Hire a probate lawyer to enter his appearance in the case and subpoena the records you need.

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2 Answers | Asked in Probate and Real Estate Law for Kentucky on
Q: Can a life estate holder list a condo for sale with executor approval in KY?

I'm handling a situation involving a condo in Kentucky. My stepdad passed away and left my mother a life estate in the condo they lived in. He has three living children, two of whom are co-executors. All parties agreed to sell the condo, and my mother handed over the keys in October last year.... View More

Timothy Denison
Timothy Denison
answered on May 2, 2025

If everyone agrees and signs the listing, yes. Otherwise, you will need court approval to sell the property.

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3 Answers | Asked in Estate Planning, Probate and Real Estate Law for Kentucky on
Q: Are children entitled to deceased parent's life insurance and property with no trust?

I have a question regarding life insurance and property distribution after the death of a divorced parent. There are five children involved and an ex-wife. There was no trust, and we are unsure about the named beneficiaries of the life insurance policy. Additionally, there is land involved in the... View More

Timothy Denison
Timothy Denison
answered on Apr 23, 2025

The life insurance will go to the named beneficiaries. Children or not. Children have no independent right to inherit from their parents absent a will or intestacy. The money will pass outside probate.

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2 Answers | Asked in Probate, Tax Law and Legal Malpractice for Kentucky on
Q: Unaware of $39k inheritance tax as estate executrix. Next steps?

I was the executrix of my uncle's estate and hired an attorney to assist with the process. However, the attorney never informed me about the inheritance tax amount or deadlines. Now, months later, I've discovered that I owe $39,000. What steps should I take to address this situation with... View More

Timothy Denison
Timothy Denison
answered on Apr 2, 2025

Have your accountant go over that inheritance tax. He may be able to reduce or limit your liability.

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2 Answers | Asked in Probate and Estate Planning for Kentucky on
Q: Are Kentucky executors required to provide beneficiaries a copy of the will?

As an executor of an estate in Kentucky, am I required to present each beneficiary with a copy of the will? One beneficiary feels she has not been properly informed and recently requested to see the will. The will has been filed for probate, and there are two executors managing the estate.

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

No. You are not required to provide them with a copy. If the will has been filed, they can obtain a copy from probate court.

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2 Answers | Asked in Civil Litigation, Probate and Family Law for Kentucky on
Q: Can I sue for $30,000 after in-laws distributed husband's belongings without consent?

My husband of 25 years passed away last November without a will, and there was no executor of the estate nor power of attorney. I filed a petition with the district court in Kentucky, and it was granted by a district judge, notifying my in-laws by mail. Despite this, my in-laws are not responding... View More

Timothy Denison
Timothy Denison
answered on Mar 22, 2025

You can sue for the value of your loss up to $30,000, and that you can prove.

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2 Answers | Asked in Probate for Kentucky on
Q: How to file estate claim with KRS 396.055 bar issue in Kentucky?

The other party's lawyer informed me that my claim on an estate was denied due to KRS 396.055, and mentioned I have 60 days to act or my claim will be barred. I didn't send my claim directly to the executrix, nor was an address provided to contact her, although I recorded my claim at the... View More

Anthony M. Avery
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answered on Mar 17, 2025

Contact the KY Court handling the Probate Case. They may have a form for the claim against the Estate, or you may be too late. You must comply perfectly with the Probate Statutes, so read them.

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1 Answer | Asked in Probate for Kentucky on
Q: My uncle knowingly withheld a will for a year in Kentucky after my grandmother passed away because he wanted her entire

Estate. After intestate succession was introduced he produced the will, which I am not named in, to cut me out and increase the profit for himself and my cousin. Is there anything I can do?

Timothy Denison
Timothy Denison
answered on Mar 8, 2025

While it is reprehensible that your income either the will for a year, if the will is legit and there is no fraud involved in its preparation, there is not much that can be done since you are not named in the will.

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