People are often surprised to learn that a will written out entirely by hand — no lawyer, no typing, no witnesses standing by — can be perfectly valid in Kentucky. These are called holographic wills, and the Commonwealth is one of the states that still recognizes them. But “valid” and “a good idea” are two…
In most lawsuits, the goal of damages is to make the injured person whole — to compensate for medical bills, lost income, property damage, and the like. Punitive damages are different. They are not about compensating the victim; they are about punishing the wrongdoer and deterring similar conduct. In Kentucky, they are available, but only…
Getting served with a lawsuit is stressful, and the instinct for a lot of people is to set the papers aside and hope the problem goes away. It will not. In Kentucky, ignoring a lawsuit is one of the most expensive mistakes you can make, because it can hand the other side a judgment against…
If you are worried that one of your heirs might drag your estate into court, you have probably heard about the “no-contest clause” — sometimes called an in terrorem clause, which is Latin for “in fear.” It is a provision that says anyone who challenges the will forfeits whatever they were going to receive under…
One of the more uncomfortable questions I get from estate planning clients is some version of this: “Can I leave one of my kids out of my will?” Usually there’s a story behind it — an estrangement, a child who has already received more than their share, or a worry about how an inheritance would…
If you’ve been working hard, putting in long hours, and you have a nagging feeling that your paycheck doesn’t add up — you may be right. Wage and hour violations are some of the most common employment law problems in Kentucky, and they often go unchallenged because employees don’t realize they have a remedy. The…
When we prepare a Last Will and Testament, protecting the original document is critical — and under Kentucky law, it’s even more important than most people realize. If the original will cannot be found at the time of your death, Kentucky law presumes that you revoked it intentionally. Courts can infer that you destroyed it…
A lot of folks think they can save time and money by using online will forms like LegalZoom. I understand the appeal — but here’s why I think it’s a risky move, especially here in Kentucky. 1. It’s Often a Rip-Off If you’re just curious what a valid will looks like, you don’t have to…
One of the most common questions I hear from trust beneficiaries is some version of: “The trustee won’t show me the trust document — can they do that?” The short answer, under Kentucky law, is generally no. The Kentucky Uniform Trust Code, codified at KRS Chapter 386B, gives qualified beneficiaries meaningful rights to information about…
In 2022, Kentucky became one of the first states in the country to adopt a version of the Uniform Public Expression Protection Act (UPEPA), codified at KRS 454.460 through 454.478. The law provides a powerful procedural tool for defendants who are sued for exercising their rights to free speech, petition, or assembly on matters of…